The Identification And Rules Of Laws Application On The Unjust Enrichment Concerning Foreign Affairs

The unjust enrichment has a long history. The earliest institution can be traced back toRome law "Condictio". As a basic legal system in the civil law, unjust enrichment is one ofthe reasons for the occurrence of debts, coexisting with contract, infringement, andnegotiorum gestio. Due to the difference between the legislation of the system of unjustenrichment, and the strengthening of civil and commercial exchanges in all countries, thedisputes of unjust enrichment are tend to be increasing and complex. So it is necessary tostudy and summarize the relevant theory, laying the foundation for increasing perfection ofour country’s unjust enrichment system.This article mainly adopts the method of comparative analysis to discuss the unjustenrichment concerning foreign affairs. Firstly, the article studies different origins of thetwo legal systems based on the functions and development situation of unjust enrichment.Secondly, through the front analysis, the divergence of the understanding on the unjustenrichment brings the conflict in many counties’ national law and the difficulties inapplication of international communication, mainly in the reason, type, constitutiverequirements, and scope of restitution. Thirdly, this paper discusses the identification andmain rules of laws application on the unjust enrichment concerning foreign affairs. On theissue of identification, some countries adhere to the lex fori theory, while some countriesinsist on the principle of proximate connection. In the choice of the applicable law, therules of laws application are more diverse. According to the analysis of the se rules’advantages and disadvantages, we find that a simple rule of application of law isimpossible to solve all the problems of unjust enrichment. In the last part, combining withthe actual situation and legislative status in our country, the article expounds the progressand shortcomings of Law of the Application of Law for Foreign-related Civil Relations.The purpose of this paper is to sort out and research theory of unjust enrichment system, inorder to contribute to making our country’s the provision of unjust enrichment moreperfectly.