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Unjust Enrichment System

Author: LiuZhaoXia
Tutor: LiuJiaAn
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Unjust Enrichment Fairness and justice Unjust enrichment claim Ownership without sexual Payment relationship
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 279
Quote: 1
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Abstract


Unjust enrichment is an important part of debt law , refers to the legal reasons and benefits , resulting in the fact that others damaged , its function is to correct legal reasons which led to changes in the interest of Unjust enrichment of an important element of civil law , civil law system changes, and property rights violations, civil claims interrelated and interact to affect the establishment of the civil law system . Modern unjust enrichment system is based on an equitable concept , but gradually gained its independence in the process of its development , and said the support of non-uniform improper benefit type , according to their types of provisions on the constituent elements of unjust enrichment also different that standard . Non-uniform construction of the type of unjust enrichment \Unjust enrichment and non- payment of unjust enrichment has a qualitative difference between the non-uniform this two separate unjust enrichment to be truly independent basis for debt occurred , unjust enrichment claim as an independent claim , which can better meet the needs of the practice . Through the use of historical analysis and comparative law , civil law and common law unjust enrichment system study to fully explore the system value and the internal logical structure of unjust enrichment , combined with the theory of unjust enrichment typed , the focus of payment the type of unjust enrichment , Unjust Enrichment is unjust enrichment typed the most basic , the most important classification , an establishment of market economy and the autonomy of private law legal system , the system has important legal implications . In this paper, the study of this system to initiate , broaden their horizons , to do a little humble for the Perfection of China 's Unjust Enrichment .

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