Study On The System Of Unjust Enrichment

The unjust enrichment system originated from litigation claims in Roman law which occurs because of the adjustment of "improper benefits". After a long-term development, it becomes one general provision. Moreover, it gradually become an important system in the field of debt method. Unjust enrichment system aimed at adjusting the property changes or gains and losses but no legitimate reason, meanwhile, eliminating the Beneficiary who take his property’s right without any legitimate bases. However, the system of unjust enrichment still plays a significant part in property transfer and belongings etc., not only intimate relations in other systems of private law, but also be complex intertwined with public law, that’s why it can become the key research point in different countries.Recently, the civil low is roughly complete, but the unjust enrichment system is still weak. If we can pay more attention to the research on the theory of unjust enrichment which is very important to improve our country’s legislation and guid the judicial practice. By conclusion, in order to make it more fully adjust the legal function of social relations, this paper presents the unjust enrichment from different aspects for its legal connotation.The article is divided into four parts, the first part mainly introduce its history origin and the process development: on the one hand, the unjust enrichment theories originated from roman law. Another hand, although these theories have not been developed mature, it is become the earliest prototype of unjust enrichment system. Due to influenced by Roman law, civil code of German is by setting up a variety of specific litigation for dealing with interests of belonging. By contrast, France provides the constitutive requirements of unjust enrichment, which contributed a lot to the system development. Also, UK, USA and France is generated from quasi-contract, implied contract and banish infringement, which is different from continental law system and can be our reference.The second part focuses on the effectiveness of the unjust enrichment system from the subject and object and the range of return. The subject for claiming right or profits should be related; but for the object, who should be responsible for return the original goods or compensation, which is distinguished from goodwill or viciousness;The third part distinguish clearly about the system type for unjust enrichment. According to the happened reason for unjust enrichment, our country define it by the prestation unjustified enrichment and non prestation unjustified enrichment;The last part will compare the unjust enrichment claims with other claims in civil law, which mostly state the relationships between the unjust enrichment claims and contact claim right or Claim of Property in contract, also includes Unjust enrichment and negotiorum gestio, and unjust enrichment and infringement. In one word, understanding the relationship of unjust enrichment and others is good for performing our rights, which can help us choosing better way for remedying.