Research On Unjust Enrichment In Mistaken Payments

Mistaken payments cause the problem of unjust enrichment return.Mistaken payments is common in daily transactions in which the defect of cause relationship in the payment relationship is unjust enrichment.In the modern commercial society,the rapid growth of science and technology complementing each other has promoted the development of science and technology,payment methods represented by transfer and remittance.The probability of involuntary transfer of property has increased,and the situation of mistaken payments has also increased.Traditionally,unjust enrichment occurs between two parties.However,disputes over mistaken payments often involve the instructing person,the remittance bank,the remittance bank,and the recipient.The transfer of benefits is not a single direct flow from the gainer to the loser,making mistaken payments.The study of unjust enrichment is more complex.The special chapter of the Civil Code era stipulates the system of unjust enrichment,which provides rule support for the handling of disputes over unjust enrichment,but the legislative norm is relatively simple and insufficient to solve the problem of mistaken payments.Recently,academia has put forward many new attempts on the characterization of mistaken payments and the nature of the right to request the return of mistaken payments,which has also caused many problems to be solved in judicial practice.This paper sorts out in detail the problems of inconsistent adjudication standards,divergent attitudes,and the lack of predictability of judgments revealed by judicial judgments on mistaken payments.Compare the path of property remedy and the path of claim relief of mistaken payments,evaluate the existing theory,negate the method of property remedy of mistaken payments,and advocate that the wrong sender only enjoys the claim of unjust enrichment return request.Clarify the scope and legal status of the parties to the mistaken payments of unjust enrichment through the principle of the relationship between payment and instruction payment,and determine that the mistaken payments belongs to the unjust enrichment situation in which the consideration relationship defect in the type of instruction payment type causes the parties to pursue the purpose of payment to be frustrated.Understand the rationality and necessity of the concept of payment and the relationship between the indications of payment as a tool for analyzing the phenomenon of unjust enrichment in mistaken payments,understand the unique connotations of each constituent element,and distinguish the similarities and differences with the traditional constituent elements.In view of the fact that the wrong remitter,as an involuntary creditor,should not bear the risk of the recipient’s lack of capital and the defect that the claim for the return of unjust enrichment has no priority effect as an ordinary claim,an attempt was made to use the risk-bearing and the general creditor status invariance theory as the theoretical support for the priority effect of the unjust enrichment claim for mistaken payments.Summarizing the four "specification" standards presented by judicial practice from strict to loose,a more relaxed minimum intermediate balance standard is proposed.It clarifies the scope of the erroneous remittance request for return of unjust enrichment by the wrong remitter under different circumstances in which the inflow and outflow of funds occurs,and when the mixed amount does not occur in and out of the funds,it is determined that the erroneous remittance has been specified in the mixed amount.When funds are in and out of the mixed amount,the minimum balance in the account is limited to the scope of the refund from the time when the erroneous remittance enters the recipient’s bank account and the period during which the lawsuit is filed.It has improved the new path of balancing the interests of multiple parties,helped to solve the dilemma of unjust return of mistaken payments,and strengthened the protection mechanism for the rights of wrong senders.