Unjust Enrichment Of A Number Of Issues For Analysis

In modern civil law system, unjust enrichment as an independent system plays an important role in regulating issues rising from the property transference with the absence of juristic reason and further settling such disputes. Unjust enrichment, which also maintains the closest ties with other doctrine, could easily bring legal confusion with other legal relationship. Accordingly, this paper is intended to give primary analyses of unjust enrichment doctrine as well as the problems involved in its derivative claims.This paper is composed of four sections. Firstly, the source, development, characteristics and legal value of unjust enrichment are briefly introduced and its foundation as well as key elements are deeply explored in this part. As two dominant doctrines to explain the foundation of unjust enrichment, unified model and non-unified model have their own merits and drawbacks. Personally, I hold the better explanation could be given by relying on the unified model and also giving consideration to non-unified model.Secondly, claims for unjust enrichment are thoroughly interpreted. This is where main body as well as theoretical foundation falls on. Particular emphasis is put on the ground to establish unjust enrichment which could be classified into payment and non-payment actions.