On The Reasons For The Failure To Pay

Payment for illegal reasons is a special case of unjust enrichment, originated in the ancient Rome law. In the continental law system and Anglo American law system countries civil law payment for illegal reasons may request return, while in socialist countries of the civil law, the law of the country of illegal reason pay will be confiscated or recovered, different rules from different legal concept. At present, illegal cause prestation rules to punish in academia have said, refused to rights protection and the general prevention said three views,refused the right protection logic framework is not yet perfect combination of opinions, punishment and prevention in general two yuan of the view that the more suitable for illegal cause prestation rules to. Payment for illegal reasons, intentionally or negligently, constituteelements of illegal cause prestation, payment emphasizes conscious give and finality, notincluded in violation of mandatory provisions and rules of public order and good customs.Payment for illegal reasons may request return there are also exceptions, such as the illegal reason exists only in the recipient party, the two sides illegal degree measure, third people,the legitimate interests of normative objective tradeoff etc.. The scope of application of payment for illegal reasons for the unjust enrichment claim, and prestation unjustified enrichment of tort damage compensation claims, concurs with the prestation unjustified enrichment phase of the concurrence of claim of right in rem, other cases for unlawful cause prestation rules will bring many legal conflicts. Our legal provisions in the payment for illegal reasons of unjust enrichment and the relatively simple, the whole to distinguish between legal behavior because of general reason for illegal reason has no effect and has no effect on the legal effect of the different, the collection of payment for illegal reasons in the civil law and the principle of Civil Procedure Law has to impose, therefore,should improve in future legislation,bold breakthrough in the current judicial practice, taking justice of contemporary philosophy to solve the legislative issues.