The Theory Of Unjust Enrichment System

An unjust enrichment system aims to regulate gaining and losing property without lawful reasons for the purpose of eliminating beneficiary’s right of gaining property without legal reasons. It became an important system in the field of the law of obligation. Now, the system in each country is generally well concerned by academics and practitioners. Because the Founding of our country is late, the rule of law is far from perfect, especially in the legislative system of unjust enrichment. It is only set up a provision in our “Civil Law”, clear specification is lack, and it can not be well practiced disputes. This article would like to focus on some of the details of the system of unjust enrichment, to provide a little reference for the Perfection of unjust enrichment, but it is more important that it plays a valuable role for Chinese scholars to study the unjust enrichment system.Five aspects of Unjust enrichment system are discussed mainly include: history of unjust enrichment system, the theoretical basis of unjust enrichment system, component of unjust enrichment system, legal effect of unjust enrichment system and the relationship between the restitution of unjust enrichment and other restitution. Finally, by pointing some shortcomings of the unjust enrichment system in our country, I hope to provide reference for the improvement of our legislation.Firstly, I investigate the theoretical basis of unjust enrichment system, it aims to regulate gaining and losing property without lawful reasons for the purpose of eliminating beneficiary’s right of gaining property without legal reasons. Then I investigate the origin of the system of unjust enrichment from the Continental law system and Anglo—American law system. Unjust enrichment system derived from Roman law, Roman law of unjust enrichment did not form a unified system of unjust enrichment, and it’s adjustment was individual lawsuits format. Germany law inherited and developed Roman law in unjust enrichment system. In Anglo—American law system, unjust enrichment originated from two sources: the quasi-contract and abandoning infringement.The legal constituent elements of unjust enrichment include: one party obtains benefit the other party harms benefit; unfair to keep on holding benefit by the benefit; causal relationship. The legal effect of unjust enrichment mainly includes the method and object of return of unjust enrichment. Special unjust enrichments mainly constitute the case that the beneficiary do not need be returned, including the payment based on the moral obligation, payment for illegal reasons, payment by knowing nothing of the debt, payment before the liquidation period, non-debt repayment resulting in the loss of rights. The right to request the return of unjust enrichment and other claims may occur competing. In the sixth part, relations between the unjust enrichment and contract, tort, negotiorum gestio, claim for restitution,is described to clarify the concept, to make a clear distinction, to discuss the situation of concurrence.Finally, combined with the unjust enrichment system in theoretical research, this paper points out some shortcomings of the unjust enrichment system in our country: one is the lack of legislation, the external form of the unjust enrichment system of our country is too simple and the provisions of the content is too rough; Another is the lack of researches on the theoretical basis of unjust enrichment system and the right to request the return. For these problems, the author puts forward some suggestions to reconstruct our unjust enrichment system in civil law. Our country should stipulate the unjust enrichment system as an independent civil entity system, employ the instance of legislation of the general terms and specific terms and arrange it in the general provisions of the debt law. The constitute elements; legal effect, types, defense reasons and the concurrence of circumstances should also be perfect on the basis of the existing system, I hope to provide reference for the improvement of our legislation.