Unjust Enrichment

The unjust enrichment, as a kind of legal fact, is one of the foundations that the obligation is produced , legislate to pay attention to by a lot of countries. It originated from Roman law, developed and thrived during the Germany civil law. It is of principle, generalized in China that brings great difficulties for the application.Before 1994,there has been a warm discussion among the scholars to make what the question is about unjust enrichment in our country, and research during that period summarized little, so that there is not a final conclusion in many aspects. This article puts forward some suggestions of the legislation through the study on six respects of unjust enrichment. It is expected to make it clear of this system, and to play an import role in adjusting the social affairs.Part one: The meaning, character, theoretical foundation of the unjust enrichment.1. Unjust enrichment means the fact that making others suffer the loss without legal reasons to make the benefit. This is established to balance the interests among the parties, to correct the abnormal and unreasonable phenomenon of beneficiary's unjust enrichment.2. The unjust enrichment can produce the obligations, it is a kind of legal fact in character.3. Unjust enrichment is based on the idea of equitable liability but it's unreasonable to be stubborn on it. We should pay attention to identify the constitutive requirements of the unjust enrichment.Part two: Legislative system of the unjust enrichment.Unjust enrichment originated from ancient Roman law, but there was no general principles about unjust enrichment yet in it, only the litigious right under actual conditions. Civil codes in the countries France, Germany, Switzerland, Japan, etc. have all stipulated the system of unjust enrichment. The unjust enrichment was introduced to our country more completely in the era of the Republic of China. Other countries, such as the former Soviet Union, etc. inherited the developed system by Roman law, which have exerted a direct influence more or less on the researchand establishment for the system of unjust enrichment after the foundation of the state in China. In general principles of the civil law it is still a category of unjust enrichment system that comes from Roman law.Part three: The effective conditions of the unjust enrichment.There're 3 essentials, 4 essentials about this question among the scholars. This article maintains the theory of 4 essentials: There are benefits in one party; Cause the other party to be damaged ; There are casual connections between the damages and benefits; There's no reason in law to be benefited for the beneficiary.This theory can adjust the inner relations of the two parties .At the same time it can confine the unjust enrichment strictly to prevent it from being abused and fan melted, and to substitute the equitable liability with system.Part four: The categories of the unjust enrichment.According to whether it is based on performance behavior, the unjust enrichment can be divided into performance and non-performance unjust enrichment .The performance can be a legal action, it can be a fact too; Non-performance unjust enrichment is based on any other facts beyond performance for the reasons of the beneficiary, damaged party, third person, incident , accretion revocation of the declaration of death and picking up the lost property ,and so on.Part five: Effect of the unjust enrichment.Benefits that the target of the unjust enrichment returns is made by the beneficiary; The target that should be returned lies on the psychological condition of beneficiary of goodwill or evil intention. In the following circumstances, pay people have no rights to ask for the unjust enrichment for returning to the beneficiary. 1. To fulfil the obligations on the morals. 2. Know perfectly well that there is not obligation of paying but pays the property. 3. when the debtor gives up the future interests. 4. To pay for the illegal reasons.Part six: Coincidence of claim for returning between unjust...