The Connection Among Unjust Enrichment Claim And Other Claims

Taken as a juristic fact, unjust enrichment is one of reasons to make debt,regarded more important in law by many countries.However,the definition of unjust enrichment in our civil law is too common and general,which causes some difficult in detail enforce, then,the unjust enrichment claim and other claims have some correlation. And what kind of contaction between them? This is not just a theoretical issue, but also a substantive issue.The right way to analyze and solve the relationships between them can help to safeguard the fundamental concept of the civil law to maintain justice.This thesis is written to study the concurrence between unjust enrichment claim and other claims. The full text is divided into three parts: introduction, the main part and the conclusion part.Introduction.enduce the key proposition herein through the explanation of the source,definition and function of the unjust enrichment:the relationship of the unjust enrichment and other civil claims existing in the legislate and the practice. And also give a slight inquiry of what kind of concurrence between the unjust enrichment and other claims.The main part.This is a subject part herein, divided into four chapters: Chapter one. Explained that the unjust enrichment claim's position isindependent of other claims in law system through analyzing the origin. Analyzingthat the distinguish of unjust enrichment claim and other related claims in civil law,such as, unjust enrichment claim and possession claim, unjust enrichment claim andinvalid contract claim through describing the component of unjust enrichment claim(the constitutive requirements of unjust enrichment includs three aspects:one partyreceives the profit, another party gets damaged, no legal reasons to receive the profit),the difference of unjust enrichment claim and other related concepts.Chapter two. In order to clear out the necessity and inevitability of claimsconcurrence in civil law, the writer describes the legislation and doctrine of unjustenrichment claim and other claims, including auxiliary doctrine and concurrentdoctrine.Chapter three. In this chapter,the writer tries to distinguish unjust enrichment fromthe possession claim, invalid contract claim and accession system to clarify theconcepts and plot off the confine before discussing the concurrence between unjustenrichment claim and other claims.Chapter four. It is described that the concurrence between unjust enrichment claimand other claims in civil law through future analysis relationships among them on thebasis of elective conincidence of right to petition. The conclusion part. In the end, based on a brief review on the basic points of thisthesis,call on the promotion of the independent legal status of unjust enrichmentsystem in civil law .The civil code is under making in our country,it is necessary to coordinate therelationships among unjust enrichment system and other basic systems of civil lawsuch as ownership, contract, infringing, voluntary service, and enable unjustenrichment system to serve economics and society better. This also is the purpose towrite this thesis.