On Unjust Enrichment Against Rights And Interests

The law of unjustified enrichment, which began in Roman law, has long history of formation and development. As a type of non-payment type, unjust enrichment against rights and interests, which is based on the non-uniform theory, has been acknowledged widely now. The so-called unjust enrichment against rights and interests means obtaining illegal benefits due to infringing rights or benefits of others.The recognition of unjust enrichment against rights and interests has great significance to provide a more comprehensive protection for someone been infringed. However, the lack of academic research and the faultiness of the law in our country, leading to a confusion in judicial application.This article analysis the system of unjust enrichment against rights and interests fully by methods like the references analysis, comparative analysis and case analysis. to revise some current theories and viewpoints. The full text is divided into five chapters, besides the conclusion:The listed two cases in the first chapter reveals the mess in judicial application of unjustified enrichment, emphasizing the necessity in perfecting the rules of unjust enrichment against rights and interests.The second chapter showed the process of formation and development of he law of unjustified enrichment in different periods:the ancient Rome law era; the modern codification period and modern unjust enrichment. And the theoretical basis of unjustified enrichment--non-uniform theory is highlighted. On this basis, the author points out the lack of legislation and theories in China.The third chapter focus on the case study of unjust enrichment against rights and interests. This part begins with listing two kinds of totally different theories-uniform theory and non-uniform theory, and then list four types of the unjust enrichment against rights and interests in a objective perspective, to discuss the application in different cases.The fourth chapter, combining the current academic researches, analyse the elements of this kind of unjustified enrichment, containing enrichment, at the expense of, causation, and no legal basis. When Sorting and analyzing the relevant theories, the author point the limitations of these theories.The fifth chapter concentrated on the legal effect of unjust enrichment against rights and interests. Firstly, this section explores the scope of restitution in unjustified enrichment law, according to the enriched party knowing or not. Furthermore, combined with the scope of restitution in unjustified enrichment law, the expense of the infringed is also be discussed fully, to correct the imperfect academic views.