Research On The Legal Application Of Foreign-related Unjust Enrichment

The Legal system of Unjust Enrichment is closely related to daily life. Almost everynation has set relevant legislation and the difference lies in between continental lawsystem and common law system. The legal system of unjust enrichment had been used incourt decree in Roman. After a long historical process, unjust enrichment is one of thebasic civil law system recognized by countries. This system coordinated with contractlaw and tort law that produced a far-reaching influence. Though the legal system ofunjust enrichment from the early, but study of national legislature and scholars not havesystematic, comprehensive and thorough. Other legal system is the system of unjustenrichment foundation. On the whole, the system profonded theory value and practicalsignificance.Based on the trend of globalization to promote, with a foreign element internationalcommunication increase gradudly, and to adapt to the foreign debt unjust enrichment isincreased with the first. To the legal system of unjust enrichment there are differentunderstanding between the two law system, a mass of foreign-related civil andcommercial be used to conflict of laws. The legal system of unjust enrichment is cater tothe need of arises at the historic moment. A country’s judicial organs acceped lawsuit ofunjust enrichment, how to choose the law to determine the rights and obligations of theparties is the most of the things. Foreign countries claim rules for different on theforeign-related unjust enrichment that bring different decision. The most important thingof solve the dispute of unjust enrichment harmonious and unified national conflict oflaws, the correct and applicable rule of law.The paper is about the applicable law of unjust enrichment, with more emphasis onforeign factors of unjust enrichment in the debt of the importance of private internationallaw. Undeserved benefit system is the foreign law applicable to claim the theoreticalbasis, foreign undeserved benefit the applicable law of civil law is on the development ofthe system of claim. The law apply to undeserved benefit associated with the system, sosa to reveal the applicable law concerning foreign affairs in the role and value of unjustenrichment. The article is divided into four parts is discussed: First of all, form thedefinition of foreign undeserved benefit, analysis of the concept of foreign of unjust enrichment, theoretical basis, and the components of the claim, etc. Secondly, analysisthe foreign undeserved benefit conflict of laws have produced. Third, through the civillaw countries and common law countries to the applicable law of unjust enrichment ofdifferent provisions, analysis of foreign undeserved benefit of legal application principleand international treaty is how to mediate conflicts. Finally, through the china foreign lawapplicable to claim the relevant legislation in china to further analysis of the presentsituation of the conflict of laws of unjust enrichment, and point out the deficiency, andputs forward some defects repair advice.