The Concurrence Among Unjust Enrichment Claim And Other Claims

Unjust enrichment claim is a kind of a creditor'rights. The relationship between it and other civil claims is not only a theoretical issue, but also a substantive issue. The concurrence between unjust enrichment claim and civil claims is good for harmonizing the functions of the systems of the civil law, and it provides the much closer means to regulate the circulation relations of the property, also it helps to more fully realize the fundamental concept of the civil law to maintain the justice.The thesis is written to study the concurrence between unjust enrichment claim and civil claims. The full text is divided into three parts: introduction, the main part and the conclusion part.Introduction. Draw its great function and basic functions on the judgment of the value change of property and adjusted mechanism through the explanation of the source, definition of the unjustified enrichment. And then draw the key proposition herein, the concurrence between unjust enrichment and other civil claims existing in the legislate and the practice.The main part. This is a subject part herein, divided into four chapters:Chapter one. Clarifying the reasons that unjust enrichment system is independent of other claims and its value through analyzing unique function and localization in the logic system of the civil law of the unjustified enrichment.Chapter two. It has been done to carry out research on the constitutive requirements of unjust enrichment. Under the dominant ideology,the constitutive requirements of unjust enrichment includes three aspects:One party receives the profit, another party gets damaged, No legal or appointed reasons to receive the profit. And this helps to reconstruct the constitutive requirements of the unjustified enrichment, which is good for distinguishing unjustified enrichment system and other civil claims.Chapter three. In this chapter, the writer differentiates and analyses unjust enrichment and relevant concepts. And I try to distinguish unjust enrichment from the possession claim, invalid contract claim and accession system to clarify the concepts and plot off the confine before discussing the concurrence between unjust enrichment claim and other civil claims.Chapter four. In this chapter, I start to study from the theory of the right concurrence and the foundation of the claim concurrence to expatiate the relationship among unjust enrichment, possession claim, contract, tort, voluntary service separately. Besides, I discuss the condition that the concurrence exists and defined the confine and difference among the related concepts.The conclusion part. Finally, based on a brief review on the basic points of this thesis, call on the promotion of the independent legal status of unjust enrichment system in civil law so as to consummate unjust enrichment system of our country finally.The civil code is under making in our country,it is necessary to realize the importance of unjust enrichment system in an all-round way and coordinate the relationships among unjust enrichment system and other basic systems of civil law such as ownership, contract, infringing, voluntary service, and enable unjust enrichment system to serve economics and society better. Undoubtedly, it is significant to do so. This also is the purpose to write this thesis.