Research On The Claim Of Unjustified Benefits

Originated in Roman law of Unjustified Benefits will achieve fairness and justice system,from the date of their arising as its legislative purpose, and later through the continuousdevelopment of the various countries, and improve gradually become an important system onthe law of obligations and independent existence. Without when important content enrichmentfor restitution as Unjustified Benefits system, which also aims to correct no legal reason forthe interests of flow, and ultimately achieve fairness and justice. But because of the provisionsof the claim of Unjustified Benefits is extremely simple, abstract, so that the right of claim inthe application of the law difficult. So in this paper, in combination with legislative provisionsabout the claim on the basis of both at home and abroad, makes every effort for this systemfrom the perspectives of establishment, effectiveness, comprehensive analysis, and interprethis claim for a lot of controversial issues, in order to help perfect the legislation in ourcountry.This paper will analyses the claim of Unjustified Benefits from four parts：The first part is the established conditions of the claim of Unjustified Benefits.According to the92nd regulation of the general principles of the civil law of our country,there are four elements to the establishment of the claim of Unjustified Benefits. This partmainly defines the meaning of each element respectively. And this paper point out that insome cases, although having the four elements of the claim of Unjustified Benefits, thedamaged can not claim the claim of Unjustified Benefits. Mainly include: to perform theobligation of moral situation, no reason of payment and payment based on illegal reason.The second part is the basic contents of the claim of Unjustified Benefits，including themain parts, the object and the scope of Unjustified Benefits. Returning the original object isthe principle of the undeserved benefit to return, and returning discount for exceptions. Thediscount is determined by objective transaction value. To the range of returning, there need tobe distinguish between subjective goodwill beneficiary and malicious sure undeserved benefitto return. At the same time，this paper analyze the obligation returning of the third person.The third part is about the relationship between the claim of Unjustified Benefits andother claims. Through the analysis of the claim of Unjustified Benefits and the proprietaryrights return, the claim of Unjustified Benefits and the clime in accordance with the contract, the claim of Unjustified Benefits and the claim in accordance with spontaneous agency，theclaim of Unjustified Benefits and tort damages claim, point out that as a kind of independentright，the claim of Unjustified Benefits can exist independently and also exist in conjunctionwith other claims.The fourth part is several Suggestions to the claim of Unjustified Benefits of ourcountry，it is mainly aimed that the provisions of the claim in our country is too simple, andput forward my own suggestions in order to the improvement of our law. First of all, the92ndregulation of the general principles of the civil law of our country has clearly define theestablished conditions of the claim of Unjustified Benefits, and on the basis of the fourelements, unjust enrichment is done in the stereotype processing. This paper also definite thespecific types of unjust enrichment claim for return of the established condition. Secondly, theexceptional case of the claim of Unjustified Benefits shall be the provisions of the lawprovisions as the special circumstances，mainly including: to perform the obligation of moralsituation, no reason of payment and payment based on illegal reason. Thirdly，providing theobject of the claim of Unjustified Benefits and returning the original object as the principle ofthe undeserved benefit to return, and returning discount for exceptions. Fourthly，rule thescope of the claim of Unjustified Benefits. To the range of returning,"interest is greater thanthe damage, to the detriment of shall prevail, damage is greater than the benefit, the interestshall prevail" is the general principles of the premise, through distinguishing betweensubjective goodwill beneficiary and malicious sure undeserved benefit to return. Goodwillbeneficiary reduce liability, only to the existing interests as the limit to return，but tomalicious beneficiary "increase" the responsibility as the principle. At the same time，thispaper analyze the obligation returning of the third person. At last，Define that as a kind ofindependent right，the claim of Unjustified Benefits can exist independently and also exist inconjunction with other claims.