On Unjust Enrichment Claim For Restitution

This paper analyzes the claim based on the debts of unjust enrichment in the hope of explaining how to know the claim based on the debts of unjust enrichment correctly and promoting the proper use of the claim based on the debts of unjust enrichment. It aims at announcing the function and value of the system of unjust enrichment and promoting the use of unjust enrichment system in our country's legislation forming and practice.This paper consists of three parts.The part of the forewords prove mainly that it is a kind of creditor's rights to ask for the unjust enrichment, introduce the current research in academic circle and relevant legislative state of our country, and states the reason and value of the selected title.The main part analyzes from five respects that the claim based on the debts of unjust enrichment's historical development, the relationship between the right of the claim for unjust enrichment and other request , theoretical foundation , forming elements , and the effect of claim based on the debts of unjust enrichment. It states respectively as follows.1 .A general introduction of the unjust enrichment. This part states mainly the historical development and nature of the unjust enrichment The unjust enrichment means receiving interests without law's permitting and causing the others to be damaged. The civil laws' effect of unjust enrichment producing the debts of unjust enrichment and the claim based on the debts of unjust enrichment. So the historical development of claim based on the debts of unjust enrichment and the development and perfection of the system of unjust enrichment are linking to each other and complementing each other.2.The relationship between the right of the claim for unjust enrichment and other request. The claim based on the debts of unjust enrichment is a kind of creditor's right and it belongs to rights of proprietary. The relationship between the right of the claim for unjust enrichment and other request is not only a theoretical but also a practical question, which affects the understanding and suitable use of claim based on the debts of unjust enrichment. This part analyzes the relationship between the right of the claim for unjust enrichment and other requests, such as right of the claim for materials, request of contract, request without reasonof management, request of compensation for damage. Through analyzing it states that the right of the claim for unjust enrichment has independent character and acknowledge it may compete and shut with other request of property.3.The foundation of right of the claim for unjust enrichment. This part consists of theoretical and fact foundation of right of the claim for unjust enrichment. The theoretical foundation of the system of unjust enrichment is a idea of justice, the fact foundation is the important element of the unjust enrichment. But the application of the system of unjust enrichment or the claim based on the debts of unjust enrichment can not use idea of weighing apparatus totally. People can not solve question of claim based on the debts of unjust enrichment by means of using idea of weighing apparatus directly. People should strictly observe the important element of the unjust enrichment when get claim based on the debts of unjust enrichment to exercise, otherwise people will make the unjust enrichment in the position remedying the insufficient legal relief measures, thus expand the scope of application of the system of unjust enrichment.4.The enforcement and effect of claim based on the debts of unjust enrichment. This part of content deals with question of legal result of claim based on the debts of unjust enrichment. As for the research of the unjust enrichment, people are always overweighting the important element and ignoring the legal result. Unjust enrichment produces effect of debt and makes the beneficiary and the people who suffered loss have the debtor-creditor relationship. This part states the enforcement and effect of claim based on the debts of unjust enrichment from the following, the people of unjust enrichment the object of claim based on the debts of unjust enrichment, the range of the unjust enrichment returns, and the situation that do not suitable to unjust enrichment returns.5. The limitation of action claim based on the debts of unjust enrichment. Limitation of action is the basic system and important component of basic theories of the civil law. Because limitation of action system is complicated and our country do not have more concrete and clear regulations in current civil law, many questions have appeared in the applying course. This paper has analyzed the relevant problem in this part , and prove that the limitation of action of our country is regative prescription, the unjust enrichment should be applicable to the regulation which is regative prescription.The last part is conclusion speech which proposes our country should make and unify detailed regulation to unjust enrichment system among the people code that will be made in the future. This measure can promote the correct and suitable use of claim based on the debts of unjust enrichment and realize the idea of fair justice of civil lav*.