Study On The Cases Of Unjust Enrichment

Unjust enrichment refers to a legal fact that causes others to suffer property losses and makes them gain benefits without legal basis.The law stipulates that a person who suffers property losses has the right to request the beneficiary to return Unjust enrichment.The Unjust enrichment system aims at standardizing the change of property without legal basis,which can be said to be the reflection of the property law system,or it can be said to be the supplementary law of ownership related to property.The system of Unjust enrichment involves many complicated problems.In addition to the theories of its constituent elements,there are also the overlapping relationship between the right of return of Unjust enrichment and other rights of claim.This is not only the key and difficult point of the study of Unjust enrichment,but also the charm of the study of Unjust enrichment.Although the provisions of Unjust enrichment system in China are more advanced than before,there are still many problems in the application of the system in judicial practice.The phenomenon of different judgments in the same case has many focal points.There are still disputes in the aspects of whether Unjust enrichment constitutes,the object and scope of the right of return of Unjust enrichment and the burden of proof of Unjust enrichment.Among the causal relationship between benefit and loss and the dispute of understanding without legal basis are particularly prominent,which is the key to deal with the disputes of Unjust enrichment in a timely,effective and accurate manner.The judgment of causality should start from the facts of the case and reasonably use the theory of causality to make value judgment and fact judgment without damaging the stability of law application.Since the principle of fairness and justice has been embodied in the constitutive elements of Unjust enrichment,it is not appropriate to make a causal judgment based on the concept of fairness and justice.Since it is difficult to uniformly explain the causes of the change of property interests,the legal judgment of the change of property is based on the principle of non-conformity.If the beneficiary is in good faith subjectively,the scope of return should be limited to the existing interests.If the beneficiary is subjectively malicious,even if there is no existing benefit,the obligation of return cannot be exempted.Since there is no legal basis for the injured person is a negative fact,it is difficult for them to bear the burden of proof,so it is appropriate for the beneficiary to bear the burden of proof for the legal basis,and the beneficiary also has the obligation to make a true statement.