The Identification Of ’Lack Of Juridical Reason’ Of The Unjust Enrichment

The subject of this paper is one of the constructive conditions ofunjust enrichment, lack of juridical reason. What are the standards ofidentifying ‘lack of juridical reason’ and how to judge it, both of the twoquestions are worth to be analyzed and researched. This paper consists ofthree chapters.Chapter one raises the question about what is the criteria of ‘lack ofjuridical reason’ from the perspective of both theoretical argues andproblems existing in the judicial practice. Theoretically, there are arguesbetween the theory of unification and theory of non-unification. Thethesis believes that ‘lack of juridical reason’ doesn’t refer to the processof obtaining interests is lack of legal basis, but refers to obtaining andkeeping the interests is lack of legitimacy or legal basis. To identify ‘lackof juridical reason’, we should make the unified basis of value judgmentembodied in a variety of specific types of unjust enrichment. Meanwhile,the thesis reveals the confusion of the criteria in judicial practice by fourcases.Chapter two inquiries one type of unjust enrichment, the payment unjust enrichment. The thesis believes that ‘payment’ in unjustenrichment is not the same with that in creditor’s rights. Payment meansincreasing others’ property consciously and purposefully in unjustenrichment. The purpose of payment unjust enrichment is to adjustchange of property caused by payment behavior without reason.Therefore,‘lack of juridical reason’ refers to lack of payment reason inpayment unjust enrichment.Chapter three inquiries the other type of unjust enrichment, thenon-payment unjust enrichment. The thesis believes that the theory ofownership of rights and interests can well explain the rights-violationunjust enrichment, but is not able to cover standards of all types ofnon-payment unjust enrichment. The non-payment unjust enrichmentshould be distinguished by different types when identify the criteria of‘lack of juridical reason’. In rights-violation unjust enrichment,‘lack ofjuridical reason’ means that the beneficiary doesn’t have ownership ofrights and interests.