Research On The Application Of Law On The Concurrence Of Unjust Enrichment And Relevant Claims

Unjust enrichment,as an important norm,aims to adjust the situation where benefits are obtained without legal reasons,which results in the detriment of others simultaneously.There are many related theories,but for applying the law on the concurrence of claims,the constitutive elements should be accurate as the premise.As a right of relief,it should be considered from the perspective of hindsight and reality.Then,“einheitstheorie” and “trennungstheorie” are both to evaluate whether the gainer has the legitimacy of maintaining interests,and whether the sufferer has the legitimacy of restoring interests.Besides,according to the current Chinese law,we cannot get a germanic “categorization”,so we should adhere to the “einheitstheorie”— any unjust enrichment has a uniform component.In order to avoid the confusion and enlargement of unjust enrichment caused by the ambiguity of elements,the “legal reasons” should be defined as “legal act” and legal provisions,and the “possessory type” and “registration type” should also be excluded.As for the function of unjust enrichment,the “independence theory” is more appropriate than the “auxiliary theory” because of its right protection significance.Based on the above theories,through the analysis of the relationship between relevant norms,we can identify whether there is concurrence of claims,and types of concurrences.For“anspruchskonkurrenz” — the concurrence of claims in the narrower sense,the“interactional theory” is more suitable,which is beneficial to right protection for right holder,and is compatible with the connotation of the Chinese law.Finally,the roots of the problems discussed in this thesis are the imperfection of unjust enrichment system and rules to solve concurrences in the current law.