The Construction Of Unjust Enrichment System Under Non-causative Nature Principle In China

Unjust enrichment system is developed from the return lawsuit of Roman Law. After a few thousand years of development, there is a result of adhering to the principle,under the guidance of non-causative nature principle and causative nature principle,the French Law and German Law have a great difference in the provisions about unjust enrichment system.In German Law,the introduction of the non-causative nature principle enhanced the status of unjust enrichment,and make it as the basic system of civil law,and jointly safeguard and realize the basic concept of the Civil Law.We should analyze the relationship between unjust enrichment system and non-causative nature principle in the manner of historical evidence. Unjust enrichment system is the non-causative nature principle's supplementary,so that the non-causative nature principle have been treated,and there is principle of legitimacy can be further argued. Due to the principle of non-causative nature based on unjust enrichment,arisin- g from the interpretation of the provision of unjust enrichment that unjust enrichment system has expanded the living space,so that unjust enrichment system should have the capability to play better.Based on the two interact and helpness relationship, unjust enrichment system under the build system has become a reasonable choice.China's legal system only make a simple, rough provisions on unjust enrichment system,lack of real interoperability.China's legislation have no provision on the principle of non-causative nature principle,so it exclude the application of payment claim of unjust enrichment-based,which makes the application of unjust enrichment system greatly limited space, but also the system in Civil Law systems have no status. The existing laws hope that the good faith acquisition principle to achieve the equatible function based on unjust enrichment system,but the fact testify the poor results. Unjust enrichment system and the good faith acquisition principle each have their own application of space, its function can not be alternative.In this regard,our country need to draw on the experience of German legislation when make the Civil Code,that is to say,due to the principle of non-causative nature principle, unjust enrichment system will be incorporated into the claims in a separate part,and the provisions of its type need to be made,so unjust enrichment system can play its due functions.