On The Unjust Enrichment

Claims of unjust enrichment as one of the reasons that have experienced a long history of the evolution of a gradual process for the development of a system, and formed a separate debt of unjust enrichment. The theoretical basis of unjust enrichment are mostly based on the concept of equity to understand, but the civil law of unjust enrichment for the country's attitude is a big difference. The reason lies in the recognition of property rights and claims to distinguish between acts, whether or not acts of property as a result of the non-payment of unjust enrichment as a theoretical basis, whether or not to occupy the property as a form of independence as to the non-resumption of the theoretical basis of unjust enrichment. As for the unjust enrichment of the elements we believe that there are four: the rights and interests of one party to obtain; caused damage to the interests of the other; benefit and considerable damage to between cause and effect relationship; benefit from the lack of legal reasons. In the theory of natural property rights and acts on the basis of the elements we will come to the traditional concept to a different conclusion: that is, claims of unjust enrichment will not be the same without the right to request management, infringement of the right to request debt, the right to request contract debt and the right to request the return of the ownership .