Some Understanding Of The Issues Of Unjust Enrichment And Rules Applicable

The unjust enrichment is a general institution in modern civil law, it originated from Roman law. Unjust enrichment with contract, voluntary service and tort constitutes the causes of debts. Unjust enrichment as an independent system plays an important role in regulating issues rising from the property transference with the absence of juristic reason and further settling such disputes. It is of principle, generalized in China that brings great difficulties for the application. This article puts forward some suggestions of the legislation through the study on five respects of unjust enrichment. It is expected to make it clear and play an role in adjusting the social affairs.Part one: The Outline of unjust enrichment.Firstly on the origin of, the unjust enrichment, the meaning, nature and status of China's legislation was introduced to the unjust enrichment. Then on the effective conditions of the unjust enrichment were analyzed. This article maintains the theory of four essentials, the four essentials that can be more clear, concise description of the nature of unjust enrichment. Finally, analysis the theoretical basis of unjust enrichment, Said the adoption of non-uniform, then the type of distinction between the unjust enrichment.Part two: Benefit and damage identification.About increased benefit, there is both positive and negative increase, in damage, including direct and indirect losses. Benefit and loss is not always the same, should be specific conditions.Part three: Causal relationship.By comparing the direct causal relationship, the non-direct causal relationship, and to replace the relationship between cause and effect relationship, This paper argues that in order to replace the causal relationship between pay more for the unjust enrichment claim to provide clear criteria.Part four: The return of unjust enrichment range.By describing the return of unjust enrichment of the subject, to determine when the original can not be required to return the amount to be repaid, how to determine the amount of computing time. Distinguish between the interests of the beneficiary made in good faith or bad faith, and then depending on the circumstances to determine the scope of the return of the beneficiary.Part five: Coincidence of claim for returning between unjust enrichment and others.Unless the civil law proclaimed in writing to get rid of the coincidence of claim for returning between. Established the fact of unjust enrichment may also be consistent with other claims of the constituent elements, unjust enrichment and others, they can be coincidence.Part six: Limitation of actions.Because the statute of limitations in the unjust enrichment issue, how to grasp the damage when people knew or should have known, there is no standard to follow, the proposed legislation should be more rigorous.