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Study On The Burden Of Proof Of "No Legal Basis" In Unjustified Enrichment

Posted on:2021-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y X WangFull Text:PDF
GTID:2416330629488822Subject:Law
Abstract/Summary:PDF Full Text Request
Unjustified enrichment means that there is no legal basis to damage the interests of others,and Article 122 of China 's General Rules of Civil Law stipulates that unjustified enrichment has the following four components: one party gains property benefits,the other party suffers losses,and the other party acquires property.There is a causal relationship between the interest and the loss suffered by the other party,and there is no legal basis for one party to obtain property benefits.There is a unified understanding and clear standards for the distribution of the burden of proof of the first three components of undue gain,but there is a lot of controversy about the distribution of the burden of proof for the core component of which has no legal basis.In practice,because there is no uniform and clear standard for the burden of proof for the element of "no legal basis",such cases have different judgments in the same court,or even different judgments in the same case,which has affected the fairness and authority of judicial judgment to a certain extent Sex.In order to better solve this problem,this paper analyzes the status of the distribution of the burden of proof of the "unlawful basis" element of improper profit in practice and the disputes in academia,and establishes the proof responsibility of the "unlawful basis" element of different types of improper profit distribution rules.This article is mainly divided into the following four parts:The first part: through the introduction of typical cases to reflect the difference in judgments in judicial practice and analyze the reasons for the above problems,laying the foundation for the construction of solutions.The second part: introduce the two divergent points of the academic community on this issue,namely "unification theory" and "non-unification theory",and analyze the deficiencies of "unification theory" and the justification of "non-uniformity theory".The third part: combine the judicial practice of our country with reference to the relevant distribution rules of Germany and Japan and our Taiwan region.On this basis,carry out the typological research on the proof liability of the “unlawful basis” requirements of undue gain.The fourth part: according to the different types of unjustified enrichments,combined with the analysis of the distribution rules of China's certification responsibility,the establishment of different types of unjustified enrichments "no legal basis" requirements for the distribution ofproof liability rules,that is in the payment type of unjustified enrichments.The requester should bear the corresponding burden of proof,and the non-payment type of improper profits should be discussed separately: the improper profit based on the requester 's behavior should be borne by the requester,and the improper profit not based on the requester 's behavior should be The respondent shall bear the burden of proof.
Keywords/Search Tags:unjustified enrichment, no legal basis, typification, distribution of burden of proof
PDF Full Text Request
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