On The Equity Infringement Unjust Enrichment

The unjust enrichment of infringing on the rights and interests, as an important form of unjust enrichment, has basically been accepted and applied by nations and regions'legislation and judicial practice all over world.The social function of The unjust enrichment of infringing on the rights and interests is caused by damage to another person who abuses the case of loss, damage based on the actual situation may return the claim of unjust enrichment and tort damages in the alternative competing claims to exercise the maximum degree of protecting their own rights and interests.The paper is divided into five chapters. The first chapter focuses on the basic theory of The unjust enrichment of infringing on the rights and interests. The second chapter analyzes the theory of The unjust enrichment of infringing on the rights and interests abroad,focus on civil law nations'research. The third chapter is about the constitutive elements and effect of The unjust enrichment of infringing on the rights and interests.The fourth chapter focus on the type of The unjust enrichment of infringing on the rights and interests,which divided by infringing objection.The last chapter provides some suggestions to construction the system of The unjust enrichment of infringing on the rights and interests in our country,especially refer to other countries and regions'research.