A Case Study On The Dispute Of Unjustified Enrichment Between Zhang Mou,Li Mou And Oriental Company

The present civil law of our country has only one stipulation on the unjust enrichment system and the expression of the stipulation is simple and abstract,which leads to the lack of sufficient legal provisions as the support of legal reasoning when judges try the unjust enrichment dispute cases.At the same time,the our country present law nor to the unjust enrichment of the component elements of legal relation of "no legal reasons" to make clear a regulation,namely to obtain interests "no legal reasons" for typing,lead to unjust enrichment judges disputes for the elements of the known differences is larger,and make different civil verdict.There are two kinds of claim bases in the academic world:independent claim theory and auxiliary claim theory.In judicial practice,when the right of claim concurs,the parties are free to choose,but the results of civil adjudication in different regions and different levels in China are not consistent with the applicable rules when the right of return of unjust enrichment concurs with other rights of return.Therefore,it is of great theoretical significance to study the congruence and lack of legal reasons for the right of restitution of unjust enrichment,and of great practical value to unify the judicial discretion standard of restitution of unjust enrichment.Using case analysis method,this paper takes the dispute case of Dongfang Company v.Zhang and Li as the research object,narrates the trial process of this case(eight trials in the three-level court),analyzes the dispute focus of the case,and puts forward specific countermeasures to solve this kind of case.Therefore,the structure of the article is as follows: the first chapter is the introduction,mainly introduces the research background and research significance,research content and research methods,including research background and research significance,literature review,research content and research methods and the innovation of this paper;the second chapter is the basic case,the trial process and the focus of the dispute;the third chapter is the theoretical explanation without legal reason and its application in this case;the fourth chapter is the theoretical explanation of the congruence and application of the claim of undue gains;the fifth chapter is the countermeasures and suggestions for unifying the trial rules of dispute cases concerning the right of return of unjust enrichment.Through the study,it is found that although the Civil Code has made general provisions on unjust enrichment,there is no clear stipulation on the classification of the legal causes and the congruence of the right of unjust enrichment return.Based on the operational needs of trial practice,it is helpful to unify the judging scale,and it is suggested that the classification of unjust enrichment in legal provisions should be added,that is,the classification of unjust enrichment can be divided into payment unjust enrichment and non-payment unjust enrichment.At the same time,it should be clearly stipulated that there is a congruence between the claim for the return of unjust enrichment and the claim for the contract arising from the invalidation,cancellation or rescission of the contract.When the parties bring a lawsuit against the legal relationship of unjust enrichment,it is suggested to add provisions to stipulate that the contractual relationship can be taken as the basic legal relationship through the exercise of the right of interpretation by the judge,and the legal relationship can be listed as the focus of the dispute in the trial according to the provisions of Civil Evidence.