Quasicontracts as reasons for the obligation appearance in Ancient Roman law an in modern Russia (on the example of unjust enrichment)
The specific group of reasons for the obligation appeared in the latest period of Roman law to regulate the relations similar in character and context with contracts, but not between the parties of contract: one-party contracts, negatorium gestio, payment without debts, etc. It was gradually formed as quasicontracts. There are quasicontract relations in the modern law but they are mostly treated as unjust enrichment. The importance of quasicontracts in modern legal system and in ancient law is explained by the common reasons: to shorten the number of facts to prove in the court, to redistribute the burden of proof between the parties. If claims of contracts or owners are inaccessible because they can’t be proved, the plaintiff can always get what he wants with the help of quasicontract claim.