The Constructive Conditions Of Restitution

There is few legal system, such as restitution, experiencing more than 2000 years still can make such big influence to the modern society. But it really once has been an ignorant part in civil law.Real right behavior is regarded as the reason for restitution. In China, lack of real right behavior so the function of restitution is been seen quite little. Through such few sentence in civil law we can find this problem.But with the development of economy, the function of restitution increase dramatically, especially in those developed country. Restitution become popular again. Many books, essays on such topic are published. Scholars develop the study on restitution to a high point. Restitution never is a useless or meaningless system; its function is accepted by the modern society.But in China restitution still is an ignorant part, the recognize of restitution still limited to the three sentence: one party get benefit; the other party get detriment; there is no legal reason for the benefit. It seems only these three sentences can cover the whole meaning for restitution. Comparative law is a good perspective for legal study, the study in China is often used in such a way. Chinese legal study is usually inherited the continent law, especially the Germany theory, the study to restitution is in the same situation. German scholars' biggest contribution to restitution is that they stylize the restitution. They divided restitution into two categories. This division clearly reflects that they not only give us the condition for restitution, but also notice the inside logics in restitution. Such effort is made to make clear the theory foundation and its useful situation.According to this point, there is total difference between Ango-English law and Continent legal system, for the special case law system the latter focus the very concept of benefit. The judgment of what is the benefit is the center of this question. The concept of benefit is not only on descriptive sense but also on substantial sense, the judgment standard is not only objective test but also subjective test. In their study of restitution quite a number of principle are used, for instance obsciousness, constructive trust, and free acceptance etc. 'studying the Ango-English restitution it seems we entered into another world.' The study in China is still with some problems, especially as to the constructive conditions. The thesis mainly tries to make a comparative work between the continent law and the Ango-English, especially the latter one to introduce, analyse.