The Study Of Payment For Illegal Reasons

In Rome law, benefit people pay with insult, have no legal reason with unjust enrichmentof the elements of the establishment, the court also denied the right of appeal. Any intentionto complete a wrongful act in order to pay, not to request the return of. The basic law for thewrongful act one may claim the protection of the law of the lawless behavior, i.e. anyone putourselves in the era of social ethical order, not to request the return of the blamable behaviorfor payment. Benefit people get themselves involved in violation of public order and goodcustoms law behavior, and advocates claim the protection of the law, if the request is notsupported, and the legal principle theory of law.Refusal of protection and general prevention of punishment that is to say that therecoverable, but can’t complete. The law should balance between the interests of the parties,be necessary to protect, not because of the request of their unclean protector has the nature ofillegality, it rejected protection, between the parties is losing its equity interest measure.Payment for illegal reasons set of elements including objective and subjective elements.Objective elements is a payment for illegal reasons; subjective elements of illegal presence ofintentional or negligent. The establishment of payment for illegal reasons, the objectiveshould be the" illegal cause payment". The so-called "payment" is based on a donee (i.e.patron). The payment, not including the allocation made by payment. Payment for illegalreasons of" illegal" include breach of public order and good customs and the mandatoryprovisions of law.Payment for illegal reasons of legal effect, because of illegal reasons for payment, shallnot request the return of illegal sex, only exists in the recipient, the limit. In the case ofpayment payment for illegal reasons, one is allowed to request the return of ownership. Itsreason in the recognition of the real right behavior because of legislation of state ownershipbetween the parties, through the act of real right has been attributed to recipient; and do notrecognize the real right behavior because the legislation state according to the payment forillegal reasons" reflective effect is also considered" ownership transferred to recipient.Therefore, strictly speaking, in the event of payment for illegal reasons when the situation,benefit people pay the ownership has been transferred from the ownership of the payment hasdemanded the return of payment.Payment claim that the infringement is established, and also to his own wrongdoing, and therefore for the payment, the payment for illegal reasons caused unjust enrichment claimwere excluded, not to ask for compensation for the infringement on the grounds, their damage.On the" illegal reasons only in recipients." if be narrowed to, illegal in recipient and benefitpeople does not exist any illegal does not have any culpable, the author thinks that can notachieve the purpose of illegal cause payment system. Recipient according to whether thegoodwill can be divided into the goodwill of the recipient and malicious recipients. The returnof the scope of different. Bona fide recipients to existent interest only negative returnobligation; and malicious recipients of the interest to be completely compensated andadditional interest.From China’s current legislation, and no payment for illegal reasons shall not depositpayment for illegal reasons concept, and processing payment for illegal reasons mechanismsmainly through ineffective legal acts to achieve. Payment for illegal reasons systemintroducing and perfect reason, introducing concepts, and the causes of illegal (i.e., violatingthe public order and good custom or mandatory provisions) as a legal act is invalid for areason. Introduction of payment for illegal reasons provisions.