Research On The Claim Of Unjustified Benefits

Aiming at the core of unjust benefits system —— the claim of Unjustified Benefits, this article has used a variety of research methods, especially in comparative law perspective, holding a comprehensive compart on difficult countries legislative and judicial system, around the origin、theory and classification of the system, in order to analyze the constitution of the claim rights for Unjustified Benefits, and in the end of the paper it has proposed commenting on the existing China’s law such as too general, lacking of operability and so on.In this paper, besides preface and postscript, it is divided into three parts.The first part is the introduction to the theory of the claim of Unjustified Benefits.It has introduced the origin、related theory of the system, then the constitution, which has been divided into the payment unjust enrichment and the non-payment unjust enrichment、native and apply mutatis mutandis to the unjust enrichment.The second part is the new understanding of the claim of Unjustified Benefits. Which would discuss from the following four aspects: firstly, the content of the unjust benefits system is involved into the unjust acquisition、the consideration and the others, paying attention to compare the conveyance theory of civil law system and the consideration theory of common law system, it lists the opposite situation of the claim of Unjustified Benefits. Secondly, the scope of rights can be divided into possess, property rights and rights and interests according to the systematic classification. Thirdly, the scope of the loss can mainly be showed in two aspects of the positive and negative profit loss. Fourthly, the causal relationship between benefit and loss, it mainly enumerates the direct causal relationship and the in-direct causal relationship. This part is the focus also the difficulty, it refines and uses new perspective to re-claim the constitute of the four elements of the claim of Unjustified Benefits. In this part can see useful cases.In the third part, the write points out defects of the existing unjustified benefits system in China and finally advances some suggestions and related ideas.