Study On The Types Of Unjust Enrichment

Unjust enrichment system has a long history, nowadays in many countries still bythe theoretical circles and practical circles, in the process of its development is full ofcontroversy, the starting point of controversy is not their main results (about results,largely agree), and in its result from reason, namely whether can be unified with theunjust enrichment of facts to cover all of the cases, the two theory resulting in unityand non unity.In the first chapter, through the analysis of two representative theory of fivekinds of main theories of uniform and non uniform said said the proposed law, fromthe practical point of view, to study the types of unjust enrichment is absolutelynecessary.The second chapter compares countries (mainly civil law legislation and theory)classification of unjust enrichment by comparing its types, based on the standard,based on the comparison of the consensus and reference to its development history,think first of all should be cause of its generated in fact, divided into for payment andnon because payment and the occurrence of unjust enrichment in two basic types.Secondly, based on the core of unjust enrichment constitute elements--whether the"no legal reasons are uniform, the former (unified in the benefit objective inability)consists of payment do not reach the purpose, disappeared and does not exist from thebeginning of three types; the latter is divided into the improper behavior, the law andthe occurrence of events based on benefit. In addition, according to the legal effect ofdifferent, can be divided into general unjust enrichment (generate return effect) andspecial unjust enrichment (without return effect). The third chapter is the study of improper due to the payment of benefit. Unjustenrichment has two substantive right of claim: one is the decisive implementation andthe confirmation of payment to the role in law, which determines whether the need toreturn the payment; two if payment is not only involves the relationship between twopeople, the main request for unjust enrichment will evolve into complex the problemof. This chapter discusses the unjust enrichment of the elements of the establishment,mainly discusses the lack of payment types, also briefly analyzed four kinds of unjustenrichment special unjust enrichment and eight types of relations between the three.The fourth chapter is the study of non-payment occurs due to improper profit.Due to infringement of rights of unjust enrichment is one of the most important types,this chapter discusses four kinds of unjust enrichment of the type (especially theunauthorized disposition), and also discussed the expenditure type damage humanbehavior and claim on the basis of unjust enrichment, and is based on the law, basedon natural events of unjust enrichment.The final chapter discusses the relationship between the right of claim forpayment of unjust enrichment and non performance unjust enrichment claim. Two therelationship between different attribution principle of unjust enrichment, a question onthe existence of these two kinds of right of claim: the same legal facts, it is possible todepend on the different elements of the composition, occurrence of two mutuallycompeting unjust enrichment claim? Relatively clear in two in a relationship, but, in arelationship between three people, who have to exercise what worth to discuss whoclaim. This chapter uses the cases of common unauthorized disposition and accessiontwo kinds of situation analysis research, think in a relationship between three people,in principle by the preferred payment unjust enrichment claim application, in addition,also need to consider the relevant legal norms objective as the basis of judgment.