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Unjust Enrichment System

Author: WangZuo
Tutor: DongCuiXiang
School: Shandong University
Course: Legal
Keywords: unjust enrichment components of unjust enrichment right to claim
CLC: D913
Type: Master's thesis
Year: 2008
Downloads: 441
Quote: 2
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Abstract

In modern civil law, as a single code, unjust enrichment takes important part in adjusting property transference without law relation and resolving this kind of civil affairs. Taken as a juristic fact, unjust enrichment is one of reasons to make debt, regarded more impartment in law by many countries. However, the definition of unjust enrichment in our civil law is too fundamental and common, which causes some difficult in detail enforce. Although our Chinese law experts have discussed this topic, there is no last word in many aspects. There are some suggestions of legislation to the researches in seven aspects for unjust enrichment in this thesis, in order to make this code more clear and have fully function for adjusting social life.The meanings of unjust enrichment are pointed in this thesis and many rules about this topic by other countries are list, too. Unjust enrichment comes from ancient Roman law, but there is no modern general principal of unjust enrichment in it. German Civil law makes the general principal of unjust enrichment, taking "no reason in law" as the component of unjust enrichment and spread this thought to other countries, which makes great influence. In the two thousand years for development of unjust enrichment system, balance is taken as the foundation and makes important effect. The general regulation of unjust enrichment in civil laws by many countries is based on balance. The identification of unjust enrichment has more practical meaning. About the components of unjust enrichment, there is each regulation in two law system. According to the long term practice in Great Britain and France, there needs three conditions to fit the unjust enrichment: one party obtains benefit; the benefit is obtained while harm others’ benefit; it is unfair to keep on holding this benefit by the beneficiary. In continental law system, the only difference is the third condition, which becomes no reason in law. "Unjust" is more wide-ranged than "no reason in law". The unjust enrichment is based on whether have performance behaviors, divided into performance unjust enrichment and non-performance unjust enrichment. The traditional form is performance unjust enrichment, and non-performance unjust enrichment is developing as the law and society and its extension is wide. The performance unjust enrichment takes the non-debt discharge as represent, and the non-performance unjust enrichment harms others’ benefit for benefit as standard.On right to claim, this thesis makes research on the force of right to claim of unjust enrichment, including ask for return of object and scope. It is different on the responsibility for the goodwill beneficiary and the malice beneficiary, and it will be heavier responsibility for the malice beneficiary. The returning scope includes its obtained benefit, its interest and the compensation for damage. The malice beneficiary can not avoid the returning responsibility because of no obtaining benefit. The law also regulates some kind of exceptions, in this condition, there is no necessary to adjust, so there is no unjust enrichment. For example, payment for morality, illegal payment, payment without obligation knowingly, non-debt discharge causing right lost, debt discharge advanced or payment for overdue debt.It is tight in the relation and easy to confuse between the unjust enrichment system and other systems in civil law. There are expatiations for the relations between the unjust enrichment and contract, pirate, non reason management, right to claim for return, clarifying conception and making a clear distinction, discussing the situation of concurrence exist, defining the distinction and scope of related claim right.As last, there are some opinions and suggestions to consummate the unjust enrichment system of our country in this thesis referencing the legislation experiences of other countries and districts, for example defining the conditions of the unjust enrichment, establishing claim right system for compensation and aggravating the returning responsibility for the malice beneficiary etc.

Unjust Enrichment System

Abstract

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