Typed On The Basis Of Unjust Enrichment System

Unjust enrichment refers to the fact that lack of causes incurs benefits but inferring others. By rendering the party concerned the claim for restitution, it aims to realize the rule of justice and equity. Unjust enrichment law originated from ancient Rome, starting from the scarcely-regulated right of action, it evolved over a long period in countries of common law system and developed into a system that paralleling with contract law, tort law, and spontaneous agency.Historically, the debating over whether there was a common basis for the unjust enrichment existed for ages. The unionism insists on that there is a universal standard to judge the lack of causes. While the non-unionism takes quite another way, they maintain that the standards concerned diverse according to the actual cause of unjust enrichment. The debates propelled the development of classification of unjust enrichment. The classification tend of unjust enrichment is gradually established in legislation of common law countries.As a country of common law system, our legislation on unjust enrichment is comparatively backward: there are only two articles concerning about unjust enrichment. Due to the abstractness of these two articles, they are rarely cited in reality. However, at present academicians in our country are paying increasingly attention on the study of unjust enrichment, especially on its classification. The author of the dissertation is one of them. Applying comparative method and juridical logic, the author manages to create a classified unjust enrichment system.This dissertation consists of four chapters. In the first chapter, unionism and non-unionism are introduced and commented on. The author deems that there are no essential conflicts between them and the only difference lies in the angle of analysis. The former facilitates the formation of unjust enrichment. While the later helps its application. Thus the unjust enrichment legislation should be classification-oriented in the future.The second chapter could be divided into two parts. The first part dwells on the relationship between payment purpose and payment unjust enrichment. Based on this, the author re-systemized the payment unjust enrichment. The second part talks about the reclassification of the non-payment unjust enrichment.The third chapter mainly illustrates four basic elements of unjust enrichment: enrichment, damage, the causation between enrichment and damage, and lack of causes;The fourth chapter discusses the effect of unjust enrichment claim. The enriched party has to return the enrichment concerned, and his subjective status at the moment of being enriched has substantial influences on the range of restitution, which is also discussed in this part.