The Persons Of Unjust Enrichment In Defective Discharge Of Other People’s Obligation

The third party’s defective discharge of the debts of others may cause the problem of Unjust Enrichment.However,there is uncertain about the parties of return.The current legislation’s provisions on improper gains are relatively simple,and no exact solution can be obtained from the existing regulations.The problem of the Unjust Enrichment return of the third party’s mispayment of the debts of others by the third party has not yet been thoroughly explored.This kind of Unjust Enrichment involving three persons not only involves the proper use of the constituent elements of the right to claim improper returns,but also requires comprehensive consideration of the interests of all parties.Therefore,the study on this issue has not only academic significance but also practical significance.This article consists of 3 chapters.The first chapter mainly introduces the basic types of erroneous settlement of other people’s debts and the various types of treatment in comparative law.It then leads to a controversial issue,that is,whether the creditor of the claim for improper gains can turn to the other person in the three-person relationship to claim the return of improper gains when the debtor of improper gains has no funds.The main content of the second chapter is the rationality analysis of the wrong liquidator’s change request object.The third party’s change of the object of claim will not bring unreasonable uninterest to the parties,and the parties can obtain adequate protection through other methods,such as analogy,to apply for damages of statutory creditor’s rights and reliance on interests..The third chapter further discusses the legal basis for the parties to realize the change.In the first case,a third party who should have wrongly settled claims to the creditor for an improper profit from non-debt settlement.The creditor can use post-subsidization as the meaning of the real debtor to pay off,thereby producing the effect of the third party settlement and turning to the real debtor Claiming the right to claim improper profits.Such doctrines as the legal basis for the third party’s intention to pay off include: the doctrine of set-off and the doctrine of substitution.