Research On The Chinese System Of Unjust Enrichment

The unjust enrichment is an important part of the whole obligation law. It is applied to the correction of illegal transference and possession of rights and interests of the property. On the constitution of institution, there is positive connection between this theory and property publication, civil tort, claim etc. The civil law system is affected by the aforesaid connection.There are many shortages in study, legislation and judgment of unjust enrichment, which cumbers this system value's coming true. We're now making civil code, so we must research it completely.The authors of the paper use some research means such as historical analysis, comparative analysis. Firstly, the paper provides an important basis to understand the relationship between unjust enrichment and the real right act, which can provide the right theory to comprehend theoretical basis of unjust enrichment.Chapter 2 elaborates the claim of the returning of unjust enrichment. By comparing the systems in Germany, this chapter discusses nature of unjust enrichment, legal requirements, legal liability, plea of general issue, the concurrence between the right of claim of restitution and right of claim in possessions, right of claim of tortuous damages, right of claim in contract law.Chapter 3 elaborates some legislative suggestions. When improving the unjust enrichment in future, we should according to our own conditions. On one hand, the paper animadverts on the prevailing civil legislation; on the other hand, this chapter brings forward the demonstration countermeasure to construct the system of unjust enrichment.