The Concurrence Among Unjust Enrichment Claim And Other Claims

Unjust enrichment is an ancient system of civil law system,and different countries have different requirements. China’s " Civil Law" Article 92 provides that:"There is no lawful basis to obtain improper benefits, causing losses to others, should be the return of illegal profits made by the loss of people." This is our system of civil legislation of unjust enrichment made only requirements, but its provisions are too principles and generalization, but there is no explanation and instructions on legislation, which applies the law to cause great difficulties. In particular, the relationship between the return of unjust enrichment claims and other claims, is still more prominent issues that exist in practice Competing claims of unjust enrichment and other claims, and helps coordinate the function of various systems of civil law, is conducive to more fully realize the Civil safeguard the fundamental concepts of fairness and justice. Therefore, the study of this issue has important theoretical and practical significance.In this paper, a total of four parts:The first part is the return type of unjust enrichment claims and Elements. This section describes the two types of unjust enrichment, namely the return of unjust enrichment claims paid and non-paid return of unjust enrichment claims. Unjust enrichment claims payment behavior damaged the interests of people called on to produce the return of unjust enrichment claims payments, payment requirements established unjust enrichment divided into three areas:1, the party affected by interest; 2, causing damage to others; 3, no legal reasons. Non-payment of refund claims of unjust enrichment is the beneficiary of the payment is not due to impaired born unjust enrichment claims. Mainly include three types: type unjust enrichment against the interests of the right to request the return, the return of unjust enrichment claims-based claims, Expenses type unjust enrichment claim for restitution.The second part Concurrence overview of related concepts. This chapter from the concept of competing claims, explains the purpose of limiting the competing claims of the right people in order to get multiple compensation or damages to exercise multiple requests right away, in theory, analyzes the causes of the competing claims and issues arising in the physical the law on procedural consequences arising. This chapter also describes several theories and theories about the competing claims, there are four theories, namely clauses of concurrence that competing claims that regulate the competing claims, said the integration and full specification says. These four theories have their merits, but also has its obvious flaws, we should look on the dialectic of these four doctrines.The third part is a detailed analysis of competing improper refund claims and other benefit claims. By analyzing the portion of the return of unjust enrichment claims for restitution of all things, the right to request the return of contract law as well as elaborate on the relationship between the request for the return of property rights violations born, and discuss the existence of competing between them situation.The fourth part is constructed of competing claims settlement mechanism. This section describes the relevant legislation of competing claims, recalling the development of the legislative process on the competing claims, the proposed legislation on the reconstruction of the return of unjust enrichment and other claims of competing claims, and analyzes the improper Suntory content claims for restitution and other competing claims.