Unjust Enrichment Of The Type Of Study

Unjust enrichment originated from The Repayment Lawsuit of old Roman's law,and inherited to many civil law coutries.In comparison,unjust enrichment developed slowly untill 1930s in common law countries and obtain an independent status finally in the end of the 20th century.But,in China's mainland,the development of this system was lagged behind,the legislation of unjustment enrichment was rather Shabbily,the research of this system was lacked,and led to a small scope in judicial practice.Unjust enrichment refers to the fact that lack of causes incurs benefits but infering others.The Academics has two different opinions on how to judge "lack of causes".The unionism insist on a uniform standard to judge,on the contrary,the un-unionism insist on a un-uniform standard.Since the research of unjust enrichment in China's mainland is relatively backward,the research of the classification of unjust enrichment is relatively scarce.This paper will discuss the related-issues of the classification of unjust enrichment with related research data,and thus contribute to Legislative and judicial of this Legal system.The first part is "the preface",the content is briefly,introducing The purpose of this article,leading to the theme of the article.The second part is "the course of development of unjust enrichment",any of the legal system has its creation,development history,including unjust enrichment. understanding the historical development of a legal system will help us to understand their values,normative functions o Unjust enrichment has a long history, originated from The Repayment Lawsuit of old Roman's law,and inherited to many civil law coutries.Understanding its history has a great practical significance.This part discussed "unjust enrichment on the ancient Roman's law" firstly,including the establishment of unjust enrichment,the development process as well as the return of several specific types of appeal.and then discussed "the medieval unjust enrichment",western legal system experienced a long dark time in the Middle Age,the Roman law was abandoned entirely.until the late 11th century,the Roman law began slowly recovery.As one of the ancient Rome legal system,unjust enrichment system stopped during the stage.Until the 17th century, Dutch.Hugo who is the father of international law and the classical representative of Natural Law just made a theoretical break on this system,Providing a theoretical foundation for the unjust enrichment becom to generalization and InstitutionaliTed.Next on,I discussed "Unjust Enrichment on French code and Germany code",introduced the establishment of process on French and Germany law.Finally,I discussed "Unjust Enrichment of common law".The three part is "the uniform and un-uniform opinion on unjust enrichment".In the country who used abstract legislation on this system,there are similar provisions "who incurs benefits lacking of causes but infering others must retum the interests" in the civil law.Regarding how to judge "no legal reasons",there are two different opinions.This Controversy was not accompanied with the theory of unjust enrichment's arising,nor was it accompanied with the legal system of unjust enrichment's arising.I introduced the different theories of the uniform and un-uniform firstly,then I analysised form the legislative level,the development process,the normative functions and so on,insisting on the un-uniform opinion.The forth part is "the payment unjust enrichment",I introduced its definition of function firstly.then introduced its elements.discussing how to judge "lack of causes"is the purpose of the un-uniform,so I focus on this form of unjust enrichment Elements here.Finally,introduced the special unjust enrichment. There are exclusion provisions on unjust enrichment in major civil law countries.For example:as a result of illegal payments,fulfil moral obligations.I concluded all relevant provisions,introduced several special unjust enrichment.The fifth part is "the non-payment unjust enrichment".This paper will be in accordance with the subject of non-profit dividing the non-payment unjust enrichment into three types,unjust enrichment basing on the behavior,unjust enrichment basing on the incident,unjust enrichment basing on the legal provisions.I introduced the unjust enrichment basing on behavior firstly.Including the unjust enrichment basing on the behavior of beneficiaries,impaired people and the third person.Then discussed the unjust enrichmen basing on the legal provisions.Finally,introduced the unjust enrichment basing on the incident.The last part is "the conclusion",I introduced the provisions of unjust enrichment on main civil law countries firstly.then contrasted to China's relevant laws and regulations,pointed out the defects of China's unjust enrichment legislative system.then I introduced the lackness of research on this field and the operable on the practice of justice.Finally,I described the purpose of this paper,insisted on dividing unjust enrichment into payment and non-payment unjust enrichment to build our unjust enrichment legal system.