Study On The Quasi-Contract In Common Law System

We always see the word "quasi-contract" in the textbook and trial of Common Law System, which plays an important role in those countries as a kind of obligation. However, there are few Chinese scholars studying on this field. This article explores the origin of quasi-contract, and study on different development in the two legal systems and especially the long course of development and the significant function played in Common Law System. Meanwhile, we compare the structure of Obligation Law of the two legal systems, which give us a favorable reference during the civil legislation.There are two main clues in the full text: one is the development of the quasi-contract, including coming into being during the ancient Roman period, decadence in the Civil Law System, the background that the theory of quasi-contract is inherited by the Common Law System, "implied-in-law contract" Theory and the change of the status of quasi-contract now. The other is the comparative studies on the Obligation Law of the two legal systems.This article is dedicated to show that we should not stand still in the Civil Law System and make no progress that may lead to losing many chances to study and innovate. In addition, it is also wrong to consider everything from foreign countries perfect. Instead, we have to broaden our horizon and study the advantages from the other countries.