Research On The Claim Of Unjustified Benefits

Unjustified benefits system rooted in Roman law. It is an ancient legal system based on the Fair principle in the civil law system. After a long process of development, it has become an indispensable component in various countries' law. The aim of the unjustified benefits system is to judge whether the benefits is legitimate for beneficiaries, to regulate the non-legal cause's benefit flows, to promote the unjustified benefits to revert the home position, and finally to achieve the exchange justice. Therefore, in order to balance the interest circulation, research on the present situation of our country's unjustified benefits system is necessary.Research on the claim of unjustified benefits should start from a legal basis. Unjustified benefits means receiving interests without law's permitting and causing to be damaged. "General Principles of Civil Law" 92nd: "If profits are acquired improperly and without a lawful basis, resulting in another person's loss, the illegal profits shall be returned to the person who suffered the loss." We know that the claim right can be summarized as "Who can advocate what right to whom by what law." The 92nd of our Civil law is just the legal basis for the claim of unjustified benefits. Therefore, the first chapter research on the legal basis of the claim of unjustified benefits around this article. I discuss the definition of the illegal profit, the standard of the property increases and definitions of loss. Unjustified benefits is divided into non-payment type of unjustified benefits and payment type of unjustified benefits. On this basis, I discussed the standards of illegal reasons.After meet the three elements of the 92nd, the unjustified benefits is set up. There is the relationship of the credit and debt between loser and the beneficiaries, and the losers can request the return of improper benefits according to this article. But not all the situations will have the claim of unjustified benefits. To safeguard the interests of the debtor of unjust benefits and balance the interests of both sides, we believe that there is no need to return for some special circumstances. That is what we call the defenses for the claim of unjustified benefits. In part two, I discuss some of these defenses separately, including four types: unjustified benefits caused by performing the Moral obligation, unjustified benefits caused by paying for the outstanding claims, unjustified benefits caused by paying for the payment which the litigant definitely know he doesn't have obligations and unjustified benefits caused by payment for illegal reasons. Research on the defenses is to restrict the claim of unjustified benefits, so we can prevent the abuse of rights.In the third part of this text, I introduce the legal effect of the claim of unjustified benefits. The legal effect of the claim of unjustified benefits means there is the relationship of the credit and debt between the loser and the beneficiaries, so that the unjustified benefit is set up. It contains three parts: subject of unjustified benefits, object of unjustified benefits and the responsibility of return .Because the relationship of the credit and debt is clearly, the emphasis is to definite the subject of unjustified benefits between the three parties and the return responsibility of the benefit gainer. I use classification method to discuss the return object of unjustified benefits, and make the detailed research on the object of unjustified benefits. After clarifying the return object, the discussion is focused on return range around the debtor's subjective well or ill. Base on introducing the defined standards about subjective well or ill, distinguish between two situations for the different responsibilities, and endow the receiver with malice the expanding obligations.As the claims are be cause by legal facts, but the legal facts are abstracted from the particular facts. The particular facts are complex and flexible, and it can not always tally with the abstract truth. So sometimes a fact can damage to a number of rights at the same time, and it'll cause several corresponding claims. In a particular situation, as a property claim, the claim of unjustified benefits will come into contact with other claims inevitably. Studying on connection between the claim of unjustified benefits and other claims is not only relative to the function of the system of civil law system, but also relative to the claim of unjustified benefits play a role in civil cases. Part four research on co-opetition between the claim of unjustified benefits and other claims, including four parts: the co-opetition between the claim of unjustified benefits and the claim of property; the co-opetition between the claim of unjustified benefits and contract claim; the co-opetition between the claim of unjustified benefits and tort claim for damages; the co-opetition between the claim of unjustified benefits and the claim of voluntary service. I discuss the solution for the co-opetition, so that we can protect the loser's interest much better.Our country's unjustified benefits system is not a complete legal system. It is expressed by an isolated code. As important causes of debt, unjustified benefits can not compare with the other three. In part five, by comparing foreign legislation and national legislation, I review the defect of our country's unjustified benefits system. By learning advanced legislative experience, I put forward simple proposals about our Legislation.This paper starts from the 92nd of Civil law, and research the claim of unjustified benefits along the path that"constitutional elements- defenses- legal effect- rights coopetition- legislative improvement". At last it attributed to the system construction. I would like it can do some help to our country's claim of unjustified benefits system construction.