Research On Non-debt Settlement System

Non-debt settlement system is a system that non-legal debts are paid for settlement purpose and the payer may apply to the recipient for refund due to that payment purposes of the payer cannot be achieved and the property accession of the recipient has no legal ground.Legislatively,China has not established a non-debt settlement system.Only Article 92 of General Principles of the Civil Law simply specifies the unjust enrichment system.Articles are too general,principle and impractical.Theoretically,the non-debt settlement system is less discussed in our academic circles,but not forming a system.Although scholars understand the necessity for researching the non-debt settlement system,the non-debt settlement system is discussed starting from the macroscopic perspective of unjust enrichment as a type,but not forming a system.Seen from juridical practices,real situations such as settlement of debts which do not originally exist,mistaken repayment of others'debts due to negligence or involuntary and forced non-legal debts frequently occur in reality.There is a need for China to incorporate the non-debt settlement system on above situations into the current laws so as to adapt to increasingly complex legal relationships and provide pertinent,systematic and specific legal provisions for judicial practice.This paper is established on the non-debt settlement system itself,and discovers juridical practice and theoretical problems arising from the lack of non-debt settlement system in China through case analysis by taking cases as entry points on the basis of sorting out basic contents of the non-debt settlement system.By applying the method of comparative analysis and referring to relevant foreign clauses concerning non-debt settlement system,this paper provides a reference for further developing Specific Provisions of the Civil Law in China and a theoretical reference for construction and supplement of theoretical system of the non-debt settlement system and a legal guarantee to uniformly deal with non-debt settlement and satisfy the expectations for honesty and credibility.After it is concluded that the relationship between non-debt settlement and unjust enrichment is that of including and included,the unjust enrichment system selected based on the legislation mode includes non-debt settlement system.On the basis of analyzing and comparing foreign legislations on the non-debt settlement system,this paper specifies that the subjects need to determine the debts according to different non-debt settlement types;the burden of proof shall be subject to the principle of“who claims,who proves",except for shifting of burden of evidence;this papers defines that the scope of the return object is based on the principle of return of original property,except for return of corresponding amounts;settlement of debts which knowingly do not exist debt,debt settlement upon expiration of the prescribed period for ligation,guaranteed non-debt settlement,loss of rights and non?debt settlement for performing moral obligations are excluded from rights of claim for non-debt settlement and return.