On The Return Of The Scope Of Unjust Enrichment

The unjust enrichment is a basic civil law system in the States at nowadays, itoriginated from Roman law. It referring to the fact of one by the interests but no legalreasons and infringes others. The return of unjust enrichment is the important way tobalance the conflict of interests between the parties, but it is quite simple and general inthe legal provisions of our country about the return of unjust enrichment. It is relativelyweak that the theoretical study on the scope of the return of unjust enrichment. Thedefinition of scope of restitution (of benefits) distinguishes the good intention or evilintention, but the standard of the good intention and evil intention is not quite clear. Thereis no in-depth study on the interests of beneficiaries, which is achieved based on theoriginal unjust enrichment. The expressed of specific form of the existing interests is fuzzy.In view of this situation, this article is study on the scope of restitution divided into fourparts. It is looks forward to make it clear and play a role in the scope of the return ofunjust enrichment in judicial practice.This article first describes the theory basis of the return of unjust enrichment. Itelaborates the origin, development and theoretical basis of the return of unjust enrichmentin the two legal systems. And summed up the general principles of it. This provides thetheory bedding for specifically define the scope of the return of unjust enrichment later.The second part analyzes the object and method of return of unjust enrichment. Itdefines the type of interest in return of unjust enrichment. When the original can notreturn,it should repay the current price amount, as well as the standard of the priceamount repaid.The third part is the body of the article. It discuss the ideas detailedly such as theview that the definition of the scope of restitution (of benefits) should distinguishes thegood intention or evil intention, the criteria of the good intention and evil intention, the existing interests, the deduction of damage, the return costs, the compensation for damageand son on.Finally the article is described in detail that both common law and civil law systemson different provisions of the unjust exclusion of the right of return, So as to define thescope for the return of unjust enrichment more clearly.