不当得利的类型化分析-民商法学专业论文.docxVIP

3 3 理论基础以及不当得利请求权的相关问题，所以本文从为不当得利法律制 度的构建提出建议为出发点，立足于不当得利制度的类型化等相关问题， 探讨不当得利的基本概念、构成要件、类型，研究我国不当得利制度的构 建，参考其他国家的法律制度以及法学理论，结合本国实际情况，在批判 现有制度不足的基础上为我国不当得利制度的构建和完善提供一些立法 建议。 关键词：不当得利 给付 权益侵害 1 1 Abstract Unjust Enrichment is no legal reason by the interests of causing damage to the facts. As one of the reasons for the occurrence of debt, after the establishment of unjust enrichment, that is, between the beneficiaries and have damaged the debt of unjust enrichment, the beneficiary should repay its impaired people without lawful and in accordance with the benefits. Unjust Enrichment civil legal system is an important content of Chinas socialist legal system is an integral part. Unjust Enrichment system is a long history of the legal system, which originated in Roman law on the request of the return of the appeal. Improper advantage of Chinas system of unjust enrichment and the development of the system in foreign countries, compared to the actual situation of our country: in theoretical research, compared to other civil system in the large theoretical results, and few focus on academics this. Unjust Enrichment system currently on the results of research on very small, the start of the deep-seated analyzed with a high degree of influence not work, only some research achievements in the research methods, are still inadequate:For example, unjust enrichment system of the theoretical foundation, finds that the consequences still exist more controversy from the judicial practice standpoint, the improper profit as a judgement based on the minimal cases in the legislation, currently in China on the Unjust Enrichment there are still many civil legislation inadequate: a high degree of generality and legislative imperfection of the system makes a serious lack of unjust enrichment operable, and the Unjust Enrichment legislation also undermines the effectiveness of the mixed system of unjust enrichment and the authority and integrity sexual. For example, unjust enrichment system