Influencing Factors Of Unjust Enrichmentsystem

Unjust enrichment system has a long history,is one of the important basic systems of private law debt.Compared with other civil legal systems,one of the most prominent features of the system of unjust enrichment is that there is a big difference in the legal systems of various countries.Against this background,the in-depth study on issues related to unjust enrichment will inevitably have significant practical significance and theoretical value.The legal provisions on unjust enrichment in our country are still scarce at present.Only two basic provisions,the roughness and lag in legislation,have led to the difficulties in applying the reality of unjust enrichment in our country.In our judicial practice,there are few precedents on unjust enrichment.Therefore,the system of unjust enrichment in our country has a lot of room for development and it is necessary to make it more perfect through legislation.The author tries to study the unjust enrichment from the following aspects and conducts an empirical research on unjust enrichment in all parts of the research:The first chapter is "general rules of unjust enrichment." This chapter defines the nature and rules of "unjust enrichment."The second chapter is "the impact of changes in property rights on the system of unjust enrichment." This chapter mainly explores the impact of the mode of property change on the system of unjust enrichment.The differ ent modes of change in real rights,the scope of operation that affects unjust enrichment also affect the return of unjust enrichment.The third chapter is the impact of the subject matter on unjust enrichment.The main discussion of monetary,real estate,movable property and other subject matter of unjust enrichment impact.The fourth chapter is "the inadequacy and improvement of the system of unjust enrichment under the law of our country." Combining the arguments of the above chapters,this paper explores the gaps in the rules of unjust enrichment in our country and puts forward some suggestions for improvement.