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Unjust Enrichment Causes Of And The Return Of Range Of Interests

Posted on:2007-12-02Degree:MasterType:Thesis
Country:ChinaCandidate:J H MaFull Text:PDF
GTID:2206360182990928Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Unjust enrichment is a general institution in modern civil law. Unjust enrichmentwith contract, voluntary service and tort constitutes the causes of debts. The debt ofunjust enrichment is a debt created by law, so its effective conditions and legal effectsare both created by law. Unjust enrichment is based on the fact o"flack of legal causesincurs benefits but infringes others",whether or not based on humans acts. Accordingto the beneficiary's intention, unjust enrichment can be divided into two categories:unjust enrichment with beneficiary's good intention and unjust enrichment withbeneficiary's evil intention. The legal act of real right theory is closely connected withunjust enrichment. The applicable scope of unjust enrichment is restricted in greatdegree, because our country does not acknowledge the independence of legal act ofreal right. The reasons for unjust enrichment can be classified into three categories,the first one is that based on the regulation of law, the second is that based on defectsin intention of delivery, the third is that based on traditional civil law's divisionbetween legal act of creditor's right and legal act of real right. The definition ofbenefits in unjust enrichment is widely concerned by scholars. Benefits in the form ofunjust enrichment differ from benefits which should be restituted. The former is thatthe debtor received when unjust enrichment established. The latter is that the debtorshould return, which is the extant benefits. Unjust enrichments with differentcausations are different in the scope of restitution (of benefits). The intention ofbeneficiary has no significance in the establishment of unjust enrichment, but isextremely important to the definition of scope of restitution (of benefits). The scope ofrestitution for receiver with good intention is restricted in extant benefits. But forreceiver with evil intention, liability is heavier. Extant benefits should be based on thebalance theory, and should be pursuant to people's social ideas and beneficiary'sintention. The scope of restitution should be restricted by the principle of "forbiddingincompatible behaviors". When the beneficiary receives benefits based on a legal act,it refers to the scope of restitution which should be distinguished from the object ofunjust enrichment. The classification of causation of unjust enrichment in this thesiscan explain how to distribute the benefits of this kind. Legal issues produced by theinstitution of unjust enrichment are often closely connected with other civil lawinstitutions. In order to research the institution of unjust enrichment, we have to payattention to the relation between it and other civil law institutions, so as to commandthe essence and application of unjust enrichment.
Keywords/Search Tags:unjust enrichment, benefits scope of restitution, legal act of real right
PDF Full Text Request
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