Study Of Giving Of Unjust Enrichment

In the first part, I analyses the origin and the foundation of giving of unjust enrichment. In the origin of giving of unjust enrichment, it discusses the development of unjust enrichment in civil-law system and the sources of unjustenrichment in common-law system. Unjust enrichment originated from Rome Law. In France, general claim of unjust enrichment restitution is established by doctrine and case law. French Civil Code makes no general provisions on unjust enrichment except non-debt liquidation. The second draft of German Civil Law Code not only stipulates the general principles, but also makes giving of unjust enrichment. In common law system, unjust enrichment is applied as the basis for restitution law, mainly to modify the traditional and rigid contract law and tort law. In the foundation of unjust enrichment, in the foundation of unjust enrichment, there are two theories about the base of unjust enrichment: the theory of unification and the theory of non-unification. The theory of integrity insists that all sorts of unjust enrichment have a basis in common. The theory of non-integrity starts from the classification of the factual cause of unjust enrichment and advances to discuss the base of all sorts of unjust enrichment. This article uses the theory of non-integrity, to highlight the unjust enrichment because of a more standardized process and its purpose, more can clearly identify its constituent elements, and on this basis the type of system will inappropriate benefit payment type into giving of unjust enrichment and the giving of unjust enrichment. The giving of unjust enrichment is the most flexible and open part ofthe unjust enrichment. This classification simplifies the process of the application of unjust enrichment.The second part is about the sort of giving of unjust enrichment. The first level is divided into general and special Unjust Enrichment Unjust Enrichment. General unjust enrichment can be divided into the sort of lack of purpose from the beginning,giving purpose disappeared, giving purpose be not reached.Special unjust enrichment can be divided into non-debt settlement, nature debt,payment based on the illegal reasons.The third part is about the component parts of giving of unjust enrichment .According to mainstream view, that the three components are benifit, causing harm to another, without legal reasons.For other ideas, I conducted a simple criticism.In this section, I focuses on the "damage caused to others" .Damage caused to others "element of the normative function is very clear claim of unjust enrichment to determine the parties - the injured party, and the injured party to exercise unjust enrichment claim. On the elements of criteria, the academic communitymuch controversy, the dispute focused on the direct causal relationship that non-payment of direct causal relationship between that and saying, I agreed with Mr. Wang Zejian's "payment relationships ".The fourth part is about System of unjust enrichment.The existing system of civil law provisions on unjust enrichment is relatively simple and scattered, the author will sort out, and make some comparative study.See the comparative law in the advanced system on the basis of unjust enrichment, the authors put forward their own legislative design, hope for the establishment of the Civil Code will certainly help.