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Legal Analysis Of Unjust Enrichment Dispute Of Han Xiang Gen

Posted on:2013-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:N Y FanFull Text:PDF
GTID:2246330371487447Subject:Civil law
Abstract/Summary:PDF Full Text Request
System of unjust enrichment after two thousand years of development and evolution, and continues to this day continues to play a huge role as a traditional system. As an integral part of the civil law system, the role of unjust enrichment system is no legitimate cause property changes in the adjustment of private law, played an important role in the protection of ownership of and goods to ensure that the property changes in the normalization of relations in a market economy, legalize it.In today’s ever-changing, we should not ignore the traditional legal system, because the traditional system constitutes the skeleton of the civil law. The traditional legal system to help transform and improve the tradition itself, which is a re-view and construct the root cause of the traditional system, in the legal world today, the tradition of unjust enrichment system, in-depth study will be conducive to China’s implementation of the codification and the establishment of the rule of law. This is the starting point of the author to select the system of unjust enrichment research.I selected a typical trial practice unjust enrichment dispute, as the material, first introduced the basic situation of the case and Court result, summarized the parties focus of controversy on the merits of the introduction, followed by proceed from the relevant laws and theoretical issues involved in the case, the theory of unjust enrichment system concept, types, meaning and function, as well as elements, followed by combination of selected cases in this article, the focus of controversy around the case, the use of the legal theory a detailed analysis of the case of this article, explore the law applicable to the problem of unjust enrichment system, and finally leads to the unjust enrichment system thinking, in order to improve the system of unjust enrichment and guidance of judicial practice to do a little humble.
Keywords/Search Tags:unjust enrichment, Elements, the burden of proof, improve
PDF Full Text Request
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