On The System Of Undue Enrichment

The system of undue enrichment is an ever new system in civil law and this system receives due attention from the theorists as well as those in actual legal practice in countries of continental law system, such as Germany, Japan, etc. In common law system, this system has developed into the third legal sphere in"debt law"after the contract law and law of torts. The system of undue enrichment has not received due attention in Mainland China. We find the text design rather simple, the institutional components of undue enrichment and its effect unclear and the practicability lost. Such a simple textual design is rare in the legislation of other states. In the practice of jurisdiction, undue enrichment is scarcely used as the basis for plea in particular cases. In theoretic research, there is a general lack of consciousness of questions concerning the system of undue enrichment. It is taken for granted that the system of undue enrichment lacks institutional content and research value. As a result, systematic, penetrating and specific research can seldom be founded. The fundamental cause of this state of affairs lies in a wrong assessment of the value of the system of undue enrichment in both theoretical and practical sectors in Mainland China. It is generally believed that the system of undue enrichment has only a marginal function and it is the"dustbin"of civil law, so to speak. Nowadays, a general lack of research on the traditional systems of civil law is witnessed. The realization of the codification of civil law makes it a must to have adequate theoretic preparation. The systematic and profound research on specific institutions, especially traditional institutions, is an indispensable part in the above-mentioned theoretic preparation. Therefore, it is of special importance to strengthen our theoretic research on the system of undue enrichment and to further our legislation concerning the system of undue enrichment. The structure of this...