THE CORRELATION BETWEEN THE CIVIL LIABILITY AND THE UNJUST ENRICHMENT IN THE MACEDONIAN LAW

Marija Ampovska, PhD Associate professor /Faculty of Law, Goce Delcev University in Stip

Abstract
In the conventional view there is a qualitative difference between the unjust enrichment and the tort liability for damages, as unjust enrichment gives rise to so called restitutionary duties and torts give rise to compensatory duties (Smith, 2008, p. 12). Restitutionary duties are duties simply intended to cure a problem – to do justice, they have remedial aim and there is no need to balance the defendant’s and claimant’s interests at this stage. On the other hand, compensatory duties are equal to duties to remedy the consequences of our wrongs (Smith, 2008, p. 19). It is widely excepted conclusion in theory that the restitutionary duties and the compensatory duties are closely related and that they share a remedial aim as well as foundation in the principle of corrective justice. Hence, it is well recognized in the legal doctrine that the boundary between claims for unjust enrichment and claims for damages is not clearly drawn either with respect to the prerequisites for the claim or the legal consequences. (Koziol, 2012, p. 34) The focus of this research is, on one hand, the theoretical characteristics of both obligational relations, and on the other hand, the practical implications caused by the unclear boundary that exist among them.
Key words: civil liability, compensation of damages, unjust enrichment, general requirements, claims.