The Reconstruction of Unjust Enrichment Constitutive Requirements——Discussion of Concurrence of Claim for Returning Unjustified Enrichment and Other Claim
Abstract: Because of fuzziness of constitutive requirements of unjust enrichment,it is difficult to distinguish the debt of unjust enrichment from contract debt and tortuous debt,cause concurrence of claim for returning unjustified enrichment,contract debt and tortuous debt.Sometimes,court abuses unjust enrichment or refuses applicant unjustified enrichment because of its unjust result.So,we must analyze the causes of prestation unjustified enrichment and non-prestation unjustified enrichment and reconstruct its constitutive requirements.
魏盛礼 张小萍. 论不当得利要件的重构——兼评不当得利请求权与相关请求权竞合[J]. 南昌大学学报(人文社会科学版), 2008, 39(06): 65-71.
wei shengli,zhang xiaoping. The Reconstruction of Unjust Enrichment Constitutive Requirements——Discussion of Concurrence of Claim for Returning Unjustified Enrichment and Other Claim. , 2008, 39(06): 65-71.