Study On Burden Of Proof Of Unjust Enrichment In Civil Action

Unjust enrichment system began in Roman law. The remodeling and consolidation of Civil Law and modern civil become an important area of the law of obligation. With the continuous development of civil law system, the value of Unjust Enrichment can be increasingly reflected in the civil law. The Civil Code Countries of Mainland legal system spends more on the provision to regulate it. Unjust enrichment system will also receive more and more attention. But in our legislation and the theoretical circle, the system has not been given due attention. At present, China is speeding up the formulation of the Civil Code. As a major system of the law of obligation, academics should attach importance to and strengthen the system of theoretical research in order to promote and improve our system of unjust enrichment.To promote unjust enrichment system theoretical research and improve the draft civil law system of unjust enrichment, the author intends to choose the prove responsibility as a visual angle to explore the Unjust Enrichment. Based on the basic theory of unjust enrichment and theory of the burden of proof, this paper will inspect the certain errors of existing theory and analyze basic principle and special certificate rule of unjust enrichment and fill in the academic area the knowledge gaps. At the same time, in view of both the connotation of the Civil Code that the responsibility of the strong attributes of a magistrate, against the current text of the law is to provide evidence and proof should be contingent liability rules and their solutions, with a view to providing effective judicial practice guidelines, as well as for my nationals Code Unjust Enrichment system developed to provide specific programmers for reference.The objective proof responsibility should be an organic composition part of the substantive law, whose concrete standard should contain the proof responsibility stipulation. China's Civil Code should initialize the proof responsibility in design of unjust enrichment system. In order to correctly handle the appeal of unjust enrichment,we should take the objective proof responsibility as the rationale and profit from The Rosenberg's theory and discuss the distribution of proof responsibilities from the payment of improper profit and non-payment of Unjust Enrichment. Rights advocates, namely that the application of unjust enrichment damage, only need to bear the proof responsibility of the facts that rights standards concern. Those who deny rights should prove the legal elements that hinder rights. Those who advocate the eradication of the rights should prove the document facts that rights have eliminated. If he advocates restricting rights, he should bear the proof burden of the document facts that the rights are restricted.