An Analysis On Dispute Between Fan Etc And Xiang Over Unjustified Enrichment

With the increase of extramarital cohabitation,the dispute of donation to extramarital cohabitant is more common.However,there is no specific legal provision for the validity determination of donation to extramarital cohabitant,so it is necessary to study the legal issues involved in such cases.The case of dispute over unjustified enrichment by Fan etc.is a typical case of donation of property to extramarital cohabitant in practice,and there are some particularities.The core focus of this case is mainly in: the validity of donation to extramarital cohabitant;Claims on which restitution of the gift property is based;The determination of the subject qualification and the specific treatment of the return of the gift property.First of all,the efficacy of extramarital donation should not only be determined according to the principle of public order and good morals,but should be determined based on the ownership of the donated property,the motives of the parties for the donation and the subjective state of the donee.Secondly,it analyzes the right of claim for the return of property under normal circumstances,and clearly analyzes the nature of the right of claim in the case.In the process of analysis,it is found that if there is no other appropriate right of claim to claim,it conforms to unjust enrichment,then it can claim the return of property.Thirdly,since the plaintiff in this case is not a faultless spouse,it is necessary to clarify whether the subject applying for returning the property has the subject qualification;Finally,when it comes to the determination of the returned property,it makes a specific analysis based on the ownership of the gift property and combining the purpose and use of the gift,the value and other factors.Based on the case analysis,it is found that there is a "bona fide" third party who needs to bear the responsibility of returning property in such cases,while the spouse who is more at fault usually does not need to bear the responsibility.Moreover,the property returned by the third party to the marital community property can not have a practical disciplinary effect on the fault spouse,to change this phenomenon need to made some system innovation based on these two aspects.