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Burden of Proof in the Application of Unjust Enrichment Proceedings

Author: SongJie
Tutor: ZhangYongQuan
School: Suzhou University
Course: Legal
Keywords: unjust enrichment constituent elements burden of proof substantive law
CLC: D925
Type: Master's thesis
Year: 2011
Downloads: 45
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Abstract


The growing contradiction between more and more unjust enrichment proceedings and the lack of unjust enrichment legal norms is obvious day by day. Our existing legal norms of unjust enrichment have been unable to adapt to the actual operation of the various problems arising in the process, especially in the unjust enrichment proceedings, the question of burden of proof is more prominent. As the same time, local courts in the trial practice with such cases, also have a lot of errors, which to some extent, cause the current unjust enrichment proceedings overflowed. In order to properly explore the burden of proof in the application of unjust enrichment proceedings, I start from the study of national legislation and legal norms about unjust enrichment, and analyze the constituent elements of unjust enrichment. In the meantime, I take Rosen Beck’s“applicability of Legal Regulations”theory as a guide, and in the foundation of our substantive law system norms of unjust enrichment, to elaborate the question of burden of proof in the application of unjust enrichment proceedings.

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