On The Application Of Unjust Enrichment

Unjust enrichment system plays an indispensable and important role in human social life. Environmental legislation was enacted by the impact of technology, our systems of unjust enrichment is still significant crude, making France the value of play by the shackles. In this paper, examples for a foothold, through a system of unjust enrichment theory, practical considerations, explore Unjust Enrichment System in China's development.This paper is divided into four parts, about 1.5 million words.The first part is, according to study the case. This section briefly describes a real case, and based on the first trial, second-instance court's decision summarize the focus of the case law is applicable: (1) The original, the defendant would constitute unjust enrichment between? (2) The original, whether to establish a loan contract between the defendants? (3) unjust enrichment claims and other claims what is the relationship? And thus leads to the theme of writing this article - application of the regime of unjust enrichment.The second part is the theory of unjust enrichment system considerations. This section analyzes other countries, particularly civil law countries and regions constitute the elements of unjust enrichment system, and legal effect. Elements of unjust enrichment are: (1) subject to an interest; (2) subject to a loss; (3) subject to interest and subject to a causal relationship between the loss; (4) No legal reasons. This section for the interests of the determination of cause and effect relationship should be a direct causal relationship between mining and non-direct causal relationship between that and non-legal reasons, said what made the situation more in detail. The legal effect of unjust enrichment for the well-intentioned, malicious standard setting, the beneficiaries benefit from the subjective state of mind when it provided in good faith to return different responsibilities and interests of the existing determination of unjust enrichment claim and other claims, especially on the contract the relationship between the claims also carried out a more in-depth discussions.The third part is the interpretation of China's system of unjust enrichment. This section first of China's system of unjust enrichment brief analysis of China's current system of legislation in the nature of unjust enrichment and the status and composition of our country for the elements of unjust enrichment, the force of law and so forth. And then our current system of assessment of unjust enrichment, noting that China's existing regulations unreasonable: the status and nature of unjust enrichment requirement is unreasonable, unjust enrichment and return means the return of the underlying requirement is unreasonable, there is no specific distinction between the benefit from the return of whether the person in good faith.The fourth part is the sound of China's system of unjust enrichment. This section on the Civil Code of the unjust enrichment of China's future status and nature of the system, as well as the content of unjust enrichment system, comprehensive proposal. Further proposed a system of unjust enrichment should occur as an independent debt one of the reasons, it should be an independent system, an independent claim; Elements of unjust enrichment should be the four elements; our system, the legal effect of unjust enrichment should be the beneficiaries benefit from the distinction between the subjective state of mind when it returned in good faith to require a different scope; claim of unjust enrichment claims and other claims should be competing relationship.The following pairs of sub-parts are introduced.