What does unjust enrichment mean, and what does unjust enrichment mean

For example, overpayment at the time of sale, found lost property and kept it for yourself, etc. The person who receives the benefit is called the beneficiary, and the person who suffers the damage is called the victim. The unjust enrichment is not obtained as a result of the beneficiary's unlawful act against the victim; Rather, it is caused by the negligence, misunderstanding or fault of the victim or a third person.

As a result, a debt relationship is formed between the beneficiary and the victim, with the beneficiary being the debtor and the victim being the creditor. Relevant legal knowledge: The occurrence of unjust enrichment requires certain constituent elements, and the constituent elements of unjust enrichment are divided into general and special elements.

1. One party must obtain a benefit The necessity of one party to obtain a benefit is an important and necessary condition for constituting unjust enrichment. If this condition is not met, i.e., one party only causes damage to the property of the other party and does not benefit from it, liability for damages may arise, but liability for the return of unjust enrichment cannot arise. The so-called benefit of one party refers to the fact that one party obtains a certain property interest due to a certain factual result.

The increase in property interests is also an increase in the total amount of property. There are two forms of property increase: one is the positive increase of property interests, that is, the enhancement of property rights or the extinction of property obligations, which are mainly manifested in the following forms:

The acquisition of property rights, the acquisition of possession, the expansion and enhancement of property rights, and the elimination of restrictions on property rights. The second is the negative increase of property interests, that is, the benefits generated by property interests that should have decreased but did not decrease, which can still be objectively attributed to an increase in interests. The specific manifestations are:

Debts that should have been incurred are no longer incurred or reduced; Expenses that should be incurred are not spent or expenses are reduced; The limitation of rights that should have been created was not established. It should be noted here that if the beneficiary subjectively has intent, such as premeditating a certain benefit in advance or adopting improper means to obtain the benefit after benefiting, it may constitute infringement alone or constitute infringement and unjust enrichment. If the beneficiary disposes of the property of another person due to subjective negligence or negligence, it also needs to be analyzed on a case-by-case basis, but it will always be within the scope of infringement or infringement and unjust enrichment. If the beneficiary receives a benefit as a result of an accidental, non-subjective event, it does not constitute unjust enrichment.

Therefore, unjust enrichment is not necessary on the subjective fault of the beneficiary. 2. The other party must suffer losses If there is no loss of the other party, although one party gains a profit, there is no return of benefits, which cannot constitute unjust enrichment. The so-called loss suffered by the other party refers to the reduction of the total amount of its property due to certain legal facts.

The loss manifests itself in both positive and negative ways. Positive loss, also known as direct loss, refers to the reduction of existing property interests; Negative loss, also known as indirect loss, refers to the loss of property that should have increased but not increased, that is, the loss of benefits due to it. The benefits that are due here refer to the benefits that can be obtained under normal circumstances, and do not refer to the benefits that must be obtained.

Unjustified enrichment refers to a benefit that has no lawful basis, or is subsequently lost and is recognized as a result of causing loss to another person. For example, overpayment at the time of sale, found lost property and kept it for yourself, etc. The person who receives the benefit is called the beneficiary, and the person who suffers the damage is called the victim.

One of the parties must be the beneficiary and the other must be the victim. There must be a causal link between the beneficiary's receipt of the benefit and the victim's injury. There is no legal basis for the beneficiary to obtain the benefit, i.e. there is neither a legal nor a contractual basis, or there was a legal basis for it, but this legal basis is subsequently lost. ]

It's just that there is no reason to get the benefits. Normal reasons generally include buying and selling transactions, inheritance, gifts, etc. For example, you accidentally take someone else's stuff by mistake and think it's your own. If it is theft, it is considered a crime and cannot be said to be unjust enrichment. ]

1) Unjust enrichment Unjust enrichment refers to the loss of others without a lawful basis and the gain of oneself. There are four elements of unjust enrichment: one party obtains a benefit; the other party suffers losses; There is a causal link between the gain and the loss; There is no lawful basis.

2) Causeless management Causeless management refers to the act of voluntarily managing the affairs of others or providing services to others without statutory or contractual obligations, in order to avoid the loss of the interests of others. There are three constitutive elements of causal management, that is, managing affairs for others, having the intention of seeking benefits for others, and there is no statutory contractual obligation. ]

Legal Analysis: Unjust enrichment refers to the act of obtaining illegal benefits without a lawful basis. If you find a lost property and keep it for yourself, etc. The law requires that the illicit benefits obtained be returned to the victim.

Legal basis: Article 985 of the Civil Code of the People's Republic of China: Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request the gainer to return the benefits obtained, except in any of the following circumstances:

1) Advance payment for the fulfillment of moral obligations;

2) Repayment of debts before they become due;

3) Knowing that there is no obligation to pay, and the debt is repaid.

Legal analysis: Improper enrichment refers to the acquisition of benefits without legal basis and to the detriment of others. After the occurrence of the legal fact of unjust enrichment, a relationship of rights and obligations arises between the unworthy enrichee and the owner of the unjust enrichment (the victim), that is, the owner of the unjust enrichment has the right to request the unjust enricher to return the undeserved benefit, and the unjust enricher has the obligation to return it.

Legal basis: Criminal Law of the People's Republic of China Article 270:Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where someone else's forgotten or buried property is illegally taken into possession of oneself, and the amount is relatively large, and the person refuses to hand it over, it is to be punished in accordance with the provisions of the preceding paragraph.

Unjust enrichment refers to the fact that there is no lawful basis for causing others to suffer losses and gaining benefits for oneself. Among them, the person who obtains improper benefits is called the beneficiary, and the person who suffers the loss of property is called the victim of the scum hidden property. There are four conditions for unjust enrichment:

1. One party obtains benefits, including a positive increase in property and a negative increase in property;

2. The other party suffers losses, including the positive reduction of property and the negative reduction of property;

3. There is a causal relationship between the gain and the loss;

4. There is no legal reason to obtain benefits.

1. What are the conditions for the court to accept the return of unjust enrichment?

The following conditions apply:

1.In fact, one party obtains a visible property interest;

2.If the other party to the de facto act suffers a loss of property, if only one party's property is increased and no other property is damaged, it will not in any way amount amount to unjust enrichment;

3.There is a causal link between the gain of a benefit by one party and the loss of a benefit by the other;

4.There is no lawful basis for one party to obtain benefits.

2. Whether the constitutive elements of unjust enrichment are.

The elements of unjust enrichment are as follows:

1.The acquisition of property interests by one party refers to the acquisition or increase of property or the accumulation of interests due to certain factual results.

2.One party suffers a loss.

3.The causal relationship between the benefit and the loss, the causal relationship between the beneficiary's acquisition of the benefit and the loss suffered by the injured person, means that the loss of the injured person is caused by the beneficiary's benefit.

4.The reason why unjust enrichment is established when the benefits are obtained and the losses caused to others are that there is no legal basis for the acquisition of benefits.

Civil Code of the People's Republic of China

Article 118:Civil entities enjoy creditor's rights in accordance with law.

Unjust enrichment refers to the loss of others without legal basis and the gain of oneself.

Unjust enrichment has no legal basis, so it is a fait accompli and cannot be protected by law, and the unjust enrichment should be returned to the person who suffered the loss. This relationship of rights and obligations is the debt of unjust enrichment. Among them, the person who bends the silver socks and obtains the unjust benefit is the beneficiary, and is the debtor of the debt of unjust enrichment, and bears the debt of returning the unjust enrichment; A person whose property has been damaged or buried by the loss is a creditor of the debt of unjust enrichment and has the right to request the beneficiary to return the unjust benefit.

Unjust enrichment is a legal fact and is the basis for the occurrence of fighting debts. The debt arising from unjust enrichment is based entirely on the provisions of the law and not on the will of the parties, so it is not a civil legal act.

Legal analysis: If you don't deserve to be profitable, it is the person who has a record that has no legal basis and is detrimental to others to obtain benefits. After the occurrence of the legal fact of unjust enrichment, a relationship of rights and obligations arises between the unjust enricher and the owner of the unjust enrichment (the victim), that is, the owner of the unjust enrichment has the right to request the unjust enricher to return the undeserved benefits, and the unjust enricher has the obligation to return the unjust enrichment.

Legal basis: Criminal Law of the People's Republic of China, Article 270: Whoever illegally takes possession of another person's property in custody for himself, and the amount is relatively large, and refuses to return it, is to be sentenced to up to two years imprisonment, short-term detention, or a fine; where the amount is huge or there are other serious circumstances, a sentence of between two and five years imprisonment and a concurrent fine is to be given.

Where the forgotten or buried items of others are illegally taken into their own possession, and the amount is relatively large, and they refuse to hand it over, punishment is to be given in accordance with the provisions of the preceding paragraph.

Unjust enrichment refers to the envy of Hong's interests without a lawful basis and to the detriment of others. After the occurrence of the legal fact of unjust enrichment, a relationship of rights and obligations arises between the unjust enricher and the owner of the benefit (the victim), that is, the owner of the unjust enrichment has the right to request the unjust enricher to return the undeserved benefits of his brother, and the unjust enricher has the obligation to return it.

Legal basis

Article 122 of the Civil Code provides that if another person obtains improper benefits without legal basis, the person who has suffered losses has the right to request the return of the improper benefits.