Research On The Right Of The Real Claim Of Mistaken Remitter

Mistaken remittance has been received extensively attention in both the academic and the judicial circles.The reason is that although the academic community believes that mistaken remitter has right of obligatory claim,they are still looking for many theoretical structures that hope to give the mistaken remitter person real right to return the property.In order to give the greatest protection to the interests of the mistaken remitter;and in the judicial community,there are the different attitudes of the courts towards cases of mistaken remittances.Some courts held that the mistaken remitter only had the right of obligatory claim.In the case of the People's Court of the past few years,the Supreme People's Court found that the mistaken remitter could claim rights on the money under certain conditions and exclude enforcement.The author tends to agree with the judgment result of the Supreme people's court on this issue,and believes that in this kind of case,the mistaken remitter actually has the claim to return the real right.Therefore,based on case analysis,academic related theories and related legal theories,this paper demonstrates the mistaken remitter has the real right to return the property.This article is divided into three chapters,the contents of each chapter are as follows:The first chapter "Relevant Judicial Practice".Cases in judicial practice were cited to illustrate the different attitudes of the courts to cases of mistaken remittances,in particular the case of the Supreme People's Court.The second chapter is "Theory of Correlation Theory".This paper expounds the different views of the academic circles on the right of return of the mistaken remitter and comments on the shortcomings of these views.The third chapter "Demonstrate the Right to Return the Property Right of the Mistaken Remitter ".Firstly,through the theory of ownership of money,the author proves that the mistaken remittance is an exception to the principle of "money possession is owner".Secondly,through the analysis of the special characteristics of the account funds in article 85 of the judicial interpretation of the security law,the conditions for specificity of account funds are obtained,and the final proof is proved that the mistaken remitter enjoys the right to return the real rights when the account funds are characterized.