Research On The Construction Of Illegal Causes Payment In China

The system of payment with illegal causes is an important civil system of the continental law system,and its special treatment mechanism of "no request for return" is justified.The introduction of this system has great practical significance in China.From an external perspective,it is closely related to the right of claim for unjust enrichment and the right of claim in rem.Since the right of claim for restitution of property arising from the Invalid civil juristic act originates from the above two rights,Therefore,there is a natural logical foundation to connect with the system of the Invalid civil juristic act.It is true that there are some obstacles to the construction of this system in theory and practice,but there are ways to overcome them.In terms of legislative thinking,Article 157 of "General Provisions of the Civil Law" provides for the legal consequences of"reciprocal return of property" to Invalid civil juristic act,but there is still an interface for exceptional provisions.It is suggested that the system should be defined as the exception of Article 157 of "General Provisions of the Civil Law",while the principle and exception should be adhered to in the design of specific rules.