The Research On The Claim Of Unjustiifed Benefits

The concept of Unjustified Enrichment is that civil subject benefit withoutlegitimate reason and cause other civil subject’s losses. Legal authority of UnjustifiedEnrichment in the Civil Law is occur the Obligation of Unjustified Enrichment andproduce the Claim Rights for Returning Unjustified Enrichment. Therefore, thedevelopment of the Claim Rights for Returning Unjustified Enrichment in history isclosely linked to the development and improvement of the regime of UnjustifiedEnrichment. Claim Rights for Returning Unjustified Enrichment is the core of theUnjustified Enrichment System. While the Unjustified Enrichment System is animportant component of Civil Law therefore more and more counties aware of theimportance of the Unjustified Enrichment System. Unjustified Enrichment Systemoriginated from Roman Law. And become an integral part of national laws afterlengthy development, and generally accepted and paid more attition by civil law andcommon law countries. In modern Civil Law system, as an independent legal regime,Unjustified Enrichment System plays an important role in the adjustment in theProperty transfer without legitimate reason, and in the solving of such dispute. Burour Civil Law made very briefly provison in Unjustified Enrichment System, only onearticle to define the Unjustified Enrichment System. And did not distinguish thealienee in good faith and alienee in dirty lie, and hard to exert the function ofUnjustified Enrichment System. Therefore, we need to learn from legal theory andjudicial practice in civil law countries, combined with China’s national conditions,specifically build China’s unjust enrichment system.In this article, the method of comparative analysis, system analysis and otherresearch methods are used to research for China’s Unjustified Enrichment System, andespecially to the research for the Claim Rights for Returning Unjustified Enrichment.Firstly make comparative in the article of Unjustified Enrichment System betweenmain Civil Law counties such as Rome Law, French Law, German Law and makecomparative between Civil Law and Common Law. And further analysis China’sUnjustified Enrichment System to find out the defect in China’s Unjustified Enrichment System, and make some improvement in China’s Unjustified EnrichmentSystem. Secondly, from the view of history development find out the develop ofChina ‘s Unjustified Enrichment System, so that we can make further analysis in thispoint. At last, make an comprehensive and systemic analysis in China’s UnjustifiedEnrichment System, put forward my own view.