A Study Of Unjust Enrichment-Return Institution

Unjust Enrichment Institution has a long history, contains a great variety of topics, and occupies a unique position in Civil Law System, in which it serves as a link between past and future. However, to our regret, the detailed articles about unjust enrichment in Civil Code tend too much to generalize and principlize. Moreover, they are rarely available for explanation and illustration in legislation, which makes it difficult for unjust enrichment to apply to law. This will cause disputes in application in terms of the causality of the unjust enrichment-return and the return rang of the receiver etc. Thus, this paper discusses the theory of causality of the unjest Enrichment-Return Institution and the return rang of the receiver on the basis of reorienting the function of Unjust Enrichment Institution. In the part of introduction, this paper briefly introduces the historical evolvement of Unjust Enrichment Institution and basically explains this study's realistic meaning, domestic present the theory of causality and the return range.The first part of the body is the general theories about Unjust Enrichment Institution. It points out that the unjust Enrichment Institution, to judge fairly occupies a high position all the time and also governs the developing direction of the unjust edrichment. This part explicits the categories of unjust enrichment, constitutive requirement and the return rang as well as shows study emphases.The second part is about the theory of causality of returning the unjust Enrichment. The writer believes that the direct theory of causality should be used when judging who owns the unjust enrichment and who should be responsible for returning . Provided it has been transferred to the third party, the original receiver who got the unjust enrichment should be in charge of recovering and extorting it.The third part is about the return ranget of the unjust enrichment. The writer's opinion about the standand of judging whether it is ad or will is whether the receiver is aware that there is no laws which permit him to accept the enrichment beforehand. The punish to the receiver with good will can be reduced while that of recriver with bad will shoud be increased.The conclusion which reflects the destination and aim of this paper. Base on sufficient analysis and discussion, the writer proposed some detailed suggestions about how to consummate the unjust enrichment return institution in china.