An unjust enrichment system aims to regulate gaining and losing property without lawful reasons for the purpose of eliminating beneficiary's right of gaining property without legal reasons. The significance of the unjust enrichment system lies in its essential elements and legal effects. The unjust enrichment system is stipulated briefly in our civil law, in which only one section is made to define the unjust enrichment system abstractly. Return range of bona fide beneficiary and vicious beneficiary is not distinguished specifically and very rough range for returning property is defined in judicial interpretation, which affects the function of the unjust enrichment system. Therefore, it is necessary for our country to build an unjust enrichment system in view of legal theories and judicial practice in some civil law countries and present situations in our country. |