A Modest Proposal For Unjust Enrichment Claim

Unjust enrichment dates back from the Roman law. It has been a history of morethan two thousand years. But there was no specific provision in Roman law system ofunjust enrichment. It can choose suitable the principle of unjust enrichment accordingsome specific situation. Unjust enrichment is one of reasons to make debt, which getsmore people’s attention until now. In Anglo-American law system, unjust enrichmenthas become a three-pillar with contracts and torts situation that constitute the mainfactors of debt happened.The reason unjust enrichment system plays a significant role in people’s life isbecause the right of unjust enrichment claim can make up for the loss of the victim.Function of right of unjust enrichment claim also can be seen easily.This thesis is written around happen, apply and result of unjust enrichment claimto explain the importance of the right of unjust enrichment claim in China. The fullpaper is divided into three parts: introduction, the main part and the conclusion part.Introduction. By explaining the system of unjust enrichment, lead people to knowunjust enrichment claim that is the core content of this paper. Based on theintroduction of the right of claim for unjust enrichment, the key proposition and roleof unjust enrichment claims are showed. Then the unjust enrichment claim’s presentsituation in china are sketched.the main part. This is a subject part herein, divided into five chapters: Chapter One. Through the introduction of the origin of the right of claim forunjust enrichment, introduce the theoretical basis of unjust enrichment claims andestablished condition and legal status. Detailing the constitutive requirements of theright of claim for unjust enrichment, is clear about the important of the right of claimfor unjust enrichment.Chapter two. Through comparison research, in this paper, explain the difference ofunjust enrichment system among the Anglo-American law system and continental lawsystem and China’s socialist legal system difference. Then recount unjust enrichmentsystem should be strengthen and completed.Chapter Three. By typing of unjust enrichment system research, presented theconstitute and types about payment of unjust enrichment claims and non-payment ofunjust enrichment claims.Chapter Four. Through the description of unjust enrichment claims for effect, theobject,scope of return, unjust enrichment claims’s exception and burden ofpersuasion of unjust enrichment claims are made clearly.Chapter Five. Through the tort compensation claim, possessions back claim, theclaim to negotiorum gestio and all kinds of right of claim of the contract. Thenexplain which kind of claim is more advantageous to the parties.The conclusion part. Based on a brief of this paper to calls people to strengthenthe attention of the right of claim for unjust enrichment, improve the system of unjustenrichment claims.Socialist legal system has been constructed in our country. This paper through tothe writing of the right of claim for unjust enrichment, which made us betterunderstanding of unjust enrichment claims and make our law to better serve thesocialist market economy. This is also the main purpose of this paper.