Research On The System Of Unjust Enrichment

Unjust enrichment system began in Roman law.With the integration of the modern civil law and modern civil law, it became an important system in the field of the law of obligation. Now, the system in each country is generally well concerned by academics and practitioners. Because the Founding of our country is late, the rule of law is far from perfect, especially in the legislative system of unjust enrichment. It is only set up a provision in our "Civil Law", clear specification is lack, and it can not be well practiced. Unjust enrichment system plays an important role in adjustment of property transference without law relationship and in resolution of civil disputes.This article would like to focus on some of the details of the system of unjust enrichment, to provide a little reference for the Perfection of unjust enrichment, but it is more important that it plays a valuable role for Chinese scholars to study the unjust enrichment system. Six aspects of Unjust enrichment system are discussed mainly include:history of unjust enrichment system, the theoretical basis of unjust enrichment system, legal effect of unjust enrichment system, special types of unjust enrichment, the concurrence of the right to request the return of unjust enrichment and other claims. Firstly, I investigate the origin of the system of unjust enrichment from the Continental law system and Anglo-American law system. Unjust enrichment system derived from Roman law, Roman law of unjust enrichment did not form a unified system of unjust enrichment, and it’s adjustment was individual lawsuits format.Germany law and France law inherited and developed Roman law in unjust enrichment system, and unjust enrichment was divided into the type of payment and non-payment, French law did not establish unjust enrichment provisions, in addition to the non-debt provisions. In Anglo-American law system, unjust enrichment originated from two sources:the quasi-contract and abandoning infringement. The basis of unjust enrichment is divided into uniform and non identical theory, the unified theory says that all kinds of unjust enrichment form a uniform basis.Non identical theory explores different foundation of unjust enrichment.The legal constituent elements of unjust enrichment include:one party obtains benefit the other party harms benefit; unfair to keep on holding benefit by the benefit; causal relationship. The legal effect of unjust enrichment mainly includes the method and object of return of unjust enrichment.Special unjust enrichments mainly constitute the case that the beneficiary do not need be returned, including the payment based on the moral obligation,payment for illegal reasons, payment by knowing nothing of the debt,payment before the liquidation period, non-debt repayment resulting in the loss of rights. The right to request the return of unjust enrichment and other claims may occur competing.In the sixth part, relations between the unjust enrichment and contract, tort, negotiorum gestio,claim for restitution,is described to clarify the concept, to make a clear distinction, to discuss the situation of concurrence. I hope to provide reference for the improvement of our legislation.