To the issue of qualification implemented by third person as unjust enrichment

Legal effects of enforcing obligations by a third person are analyzed in the article. The authors reveal the contradictions appeared in jurisprudence in applying Part 1, Article 313 of the Civil Procedure of the Russian Federation, and disadvantages of the approach offered by the Supreme Arbitration Court of the Russian Federation during analysis of this issue. An optimal structure which provides loyalty and observance of interests of a debtor, creditor and third person is offered.