On The Types Of The Right To Request The Return Of Unjustified Benefits

Unjustified benefits system is a traditional civil law system originated in Roman law,at up to two thousand-year history,the progressive development of unjustified benefits system for the national laws an important part.At common law,the system has become,following the law of contract,tort,after "Claims Act" law of the third domain.However,in mainland China, far from being unjustified benefits system due attention in the legislation,the provisions of the design is very brief,only two related articles,and are highly abstract and a general lack of maneuverability;In judicial practice,the right to request the return of unjustified benefits has been little practical application;In academic research,the limited research resources are often concentrated in the so-called "avant garde" of the problem,as the traditional system of unjustified benefits system has always been intentionally or unintentionally ignored.In view of the above problems,this article focus on unjustified benefits of the core content of the system - the right to request the return of unjustified benefits to start on.To be the return of unjustified benefits through the request of the right to conduct an in-depth and detailed analysis,in particular,their types of research,to address these practical issues must advices and ideas.The main thesis the use of a comparative analysis of law,research methods,such as examples of law of unjustified benefits system of our country,especially the right to request the return of unjustified benefits were studied.The first part of the thesis,is an overview of the system of unjustified benefits,the right to request the return of unjustified benefits and classification,that is,from a historical perspective that the resulting system of unjustified benefits,origins,the right to request the return of unjustified benefits of the definitions, classifications based on,as well as defense and so on.In addition,request the return of unjustified benefits for the right to distinguish between standards and the meaning of a certain amount of exposition.The second part is the main part of the thesis,with emphasis on the right to request the return of unjustified benefits types.Pass in accordance with the current academic said that the right to request the return of unjustified benefits are classified mainly into health-based payments and the return of unjustified benefits claims,and non-payment based on the students the right to request the return of unjustified benefits.Payments the right to request the return of unjustified benefits on the establishment of the Elements and its exceptions.Non-payment of unjustified benefits would pass in accordance with the academics that are discussed are classified into three types,namely,the rights and interests against the right to request the return of unjustified benefits,claims the right to request the return of unjustified benefits,the expenditure of the right to request the return of unjustified benefits. At the same time,the return of the payment claim of unjustified benefits and non-payment the right to request the return of unjustified benefits of the relationship of some,including the difference between the two and the contact.The third part of the thesis is part of the end of the article.Through the first two parts of the theoretical groundwork for the above-mentioned theory,the actual contact of our civil law,civil law for our country regarding the right to request the return of unjustified benefits law,pointing out that the existing inadequacies in the legislation,and on this basis at a some related systems to improve our country and consider the recommendations.