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Study of Giving of Unjust Enrichment

Author: YangYuTong
Tutor: FuDingSheng
School: East China University of Political Science
Course: Legal
Keywords: Unjust Enrichment Constituent elements By profit The injured No legal reason
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 82
Quote: 0
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Abstract


The first part of this paper is an overview of the system of unjust enrichment. Unjust Enrichment System was born in Roman law, developed in Germany and France, the French law, a long history so far, is the one of the oldest civil law legal system, has been more than two thousand years of history. Unjust Enrichment System typed theory is based on an abstract problem, civil law scholars this since there is a fierce debate, unified and non unity dispute, both the focus of debate is that \reasons \Author point of view on the basis of comprehensive national scholars, two views were immature \Without a focus of the theory is also discussed in this chapter, payment of the unjust enrichment of the exercise of the right to request Ownership without due to the nature of its premise, not the abstract theories, Unjust Enrichment system loses the use of force and the ground. At the same time, Unjust Enrichment also treatment of \Unjust Enrichment System features is that the value of the function and system function, the value function is the function of the equity, the system functionality Department of Correction lack purpose of Payment of property functions. In the second part, I will Unjust Enrichment System classification. The first level is divided into general Unjust Enrichment and special Unjust Enrichment. Unjust Enrichment general payment purposes are divided into the beginning lack of payment purposes does not exist in subsequent periods, and payment of the purpose of the three types. Special Unjust Enrichment major non-debt is settled, the moral obligation, payment for illegal reasons Unjust Enrichment. In the third part mainly describes the constituent elements of Unjust Enrichment. Through said three elements by profit, causing damage to others, no legal reason. For other points of view, the author conducted a simple critique. In this section, I explore the element of \Cause damage to others, \a lot of controversy, the dispute focused on the direct causal relationship, said direct causal relationship to said upper and payment relations, I agree with of Mr. Wang Zejian proposed payment relationship \improve the existing civil provisions of unjust enrichment system is relatively simple and scattered, I will be sorting and comparison studies. unjust enrichment system in Germany on the basis of see the comparison method, the author of proposed legislation designed proposal and I hope there is some help for the establishment of China's Civil Code.

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