Study On The Issues Of Unjust Enrichment

The system of unjust enrichment is a traditional system in civil law. Countries in the continental law system like Germany, Japan and Taiwan of China pay close attention to this system in the theoretical circle and practical circle. It became the third legal domain following contract law and the law of infringement of right in Anglo-American law system. However, this system has not been paid enough attention in China. It is due to the misunderstanding of the value of this system. It is believed that this system only functions as a supplement. Therefore it is necessary to improve the legal status of the system of unjust enrichment in our civil law to reinforce its practical function. The author chooses this system as the subject of this thesis, which falls into four chapters.In chapter one, the author compares the historical origin and progression of unjust enrichment in the two main law systems. Part one is an examination of the evolution of unjust enrichment in Anglo-American law system. It is indicated that unjust enrichment develops from concrete examples to general principles in Anglo-American law system. In the continental law system, unjust enrichment is formed as a universal legal system. Part two examines the formation of the system of unjust enrichment from individual right of lawsuit. It is indicated that unjust enrichment originates from Rome law, and is reflected in five concrete types. It also generates a basic theory—the principle of justice. The history and presents of unjust enrichment in Germany and Taiwan are explained. Part three is an analysis of the present situation of the system of unjust enrichment. It is pointed out that this system is open to a vast space of development, because drawbacks exist in the aspects of legislation, judicial practices and theoretic studies.Chapter two is the explanation of the theoretic foundation and formative necessities of unjust enrichment. In part one comparison is made for the...