The Conditional Method of Rights Protection in the Field of Heat Supply

Abstract

The article examines various aspects of the application of the rules on unjust enrichment in the sphere of heat supply (property, obligation and protective), demonstrating a largely formal approach not only to legal relations in the sphere of heat supply, but also to the choice of methods for protecting civil rights. Using a number of indicative legal disputes as an example, the article criticizes the right to assign thermal capacity, which often leads to unjust enrichment; the model for regulating the transfer of thermal energy, in which a related organization bears uncompensated costs for the use of its heat network property; the right to demand compensation by the subscriber for poor-quality thermal energy, calculated taking into account the change in the amount of payment for the utility service.