Research On The Return Of Unjust Enrichment

For unjust enrichment,it refers to the legal fact that one party obtains a benefit without legal cause,causing another party to suffer a loss is it.Before the promulgation of the Civil Code,China’s unjust enrichment legislation was simple,with only one legal provision providing general provisions on the unjust enrichment system,which was only in principle and did not meet the needs of judicial practice at this stage.2021 saw the formal implementation of China’s Civil Code,and the provisions on the unjust enrichment system,while maintaining the original traditional theoretical view,i.e.no legal reason to obtain the benefit,the damaged person has the right to claim the return of the benefit.The provisions on the unjust enrichment system,on the basis of maintaining the original traditional theoretical view,i.e.the right to request the return of the injured person who has suffered loss,provide for three exclusions,distinguish the responsibility of the unjust enrichment person to return under different subjective states,and the third person return rule,to a large extent,to fill the gap between legislation and judicial practice.But the system still has certain problems,namely,the elements of unjust enrichment without legal reasons should adopt what doctrine,unjust enrichment claims can be competing with other claims,different subjective state specific how to return the benefits received,for wrongful reasons of the benefits given can constitute unjust enrichment and require This article takes the unjust enrichment interest as the basis of the claim.Therefore,this article takes the return of unjust enrichment benefits as the central point of the article,focuses on the current situation of unjust enrichment research,and then analyses the basic theory of unjust enrichment to provide basic theoretical support for the subsequent chapters.The paper is divided into four parts.In summary,this paper will attempt to further analyze and study the unjust enrichment system through theoretical reference and analysis,refine and clarify the relevant provisions of the current unjust enrichment system that are controversial or ambiguous,and provide theoretical help for judicial practice and the study of the unjust enrichment system.