Performance Based On Illegal Reason

Performance based on illegal reason is one of the important systems in continental legal system and system of common law. In continental legal system, performance based on illegal reason is regarded as an exception of common unjust enrichment in statute law. Judges are prone to respectively interpret the meanings of performance, reason and illegality to apply to the related cases so as to justify the judgment. While due to lack of statute law tradition, judges in system of common law are prone to base their discretion on complex factors such as detailed content and extent of illegality. All in all, they differ in forms but conform in effects and values, namely laws refuse to protect illegal acts. The dealing ways of Performance based on illegal reason bear immanent rationality which embodies true justice and right.However, in China, as the result of absence of performance based on illegal reason in statute law, judges are prone to apply regulations of invalidation to the cases which are subject to the performance based on illegal reason. Besides, owing to the influence of Soviet Russia on intervention of public authorities, the performance based on illegal reason is often taken over by government. In fact, it is the legal loophole that brings about unreasonable results and disunity.As a result, this paper consists of five parts to analyze the system.The first part is introduction. It quoted two similar cases which were different in judgments to argue the necessity of this paper.The second part is about comparative study on the system Performance based on illegal reason.It mainly introduced the statute law and cases in the judicatory practice so as to outline the system.The third part is about the constitutive requirements of Performance based on illegal reason. It focused on the definition of performance, reason and illegality, which was necessary to apply the system to the related cases.The forth part is about the dealing ways of Performance based on illegal reason. It discussed two different dealing ways of the system and made comparison on their respective legitimacy.The fifth part is about construction of the system in China. On the base of introduction and evaluation of current dealing ways of similar cases, it advanced some suggestions of legislation and application in judicatory practice.