The relevant laws and regulations of unjust enrichment disputes, and what are the cases of unjust en

Unjust enrichment disputes refer to disputes arising from the fact that there is no lawful basis for obtaining benefits and causing losses to others. In the event of such a dispute, the party denying unjust enrichment may provide evidence to prove that there is a lawful basis for obtaining the benefit, such as the repayment of the loan in the sales contract, gift, loan, etc.

Analysis of the law of pure law: Generally speaking, it is a civil dispute.

Legal basis: Article 122 of the Civil Code of the People's Republic of China Unjust enrichment refers to benefits obtained by causing losses to others without lawful basis or after the loss of lawful basis. For example, overpayment at the time of sale, found lost property and kept it for yourself, etc.

The person who obtains 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 debtor.

Legal Analysis: 1. The beneficiary shall return all the property (including the original benefits and fruits) that have been gained. When returning property, if there is an agreement between the parties, follow the agreement.

2. If the beneficiary does not know that there is no legal reason for the benefit, he or she shall bear the obligation to return only to the extent of the existing benefits at the time of the claim for return.

3. When the beneficiary benefits, if he knows that there is no legal reason, he or she shall return the benefits he has received with the bank loan interest rate for the same period, and shall compensate for any damages.

Legal basis: Civil Code of the People's Republic of China

Article 985:Where the gainer obtains improper benefits without a legal basis, the person who suffers losses may request that the gainers return the benefits obtained, except in any of the following circumstances:

1) Payments made for the fulfillment of moral obligations;

2) Repayment of debts before they become due;

3) Settlement of debts knowing that there is no obligation to pay.

Article 986:Where the gainer does not know and should not know that the benefits obtained have no legal basis, and the benefits obtained no longer exist, they do not bear the obligation to return the benefits.

Article 987:Where the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers losses may request that the gainers return the benefits they have obtained and compensate for the losses in accordance with law.

Article 988: If the beneficiary has transferred the benefits to a third party free of charge, the person who has suffered the loss may request the third party to bear the obligation to return it within the corresponding scope.

This is not unjust enrichment, this is the crime of embezzlement. As long as it can be proved that the purpose of Xiao Zhang's transfer to Xiao Li is escrow, and Xiao Li refuses to return it, then he is suspected of the crime of embezzlement, and it is basically impossible to lose the lawsuit.

Criminal punishment provisions: Whoever illegally takes possession of other people's property in custody for himself, and the amount is relatively large, and refuses to return it, shall 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."

If there is sufficient evidence, a lawsuit can be filed.

Legal Analysis: Unjust enrichment disputes refer to disputes arising from the fact that others suffer losses due to the fact that there is no lawful basis for obtaining benefits. If another person obtains improper benefits without legal basis, the person who has suffered losses has the right to request that he return the improper benefits.

Legal basis: Article 122 of the Civil Law of the People's Republic of China: Where others have obtained improper benefits without legal basis, the person who has suffered losses has the right to request the return of the improper benefits.

Unjust enrichment disputes refer to disputes arising from the conduct of oneself or others to obtain certain economic benefits through certain means or behaviors without a legal basis, resulting in damage to the rights and interests of others or improper enrichment. In unjust enrichment disputes, there are usually cases where one party obtains an unjust benefit, and the legitimate rights and interests of the other party are infringed, so it is necessary to compensate or compensate for it.

There are many specific circumstances of unjust enrichment disputes, such as:

1.Improper acquisition of property: For example, taking advantage of one's position to occupy the property of the unit, etc.

2.Illegal transfer of property: For example, the owner of the business transfers the company's funds to a personal account, or violates the property division agreement to transfer the joint property of the husband and wife.

3.Improper possession of property: such as taking advantage of the opportunity to occupy other people's property, taking advantage of others' negligence to encroach on other people's property, etc.

4.Improper receipt of inheritance: For example, embezzlement of inheritance without the consent of legal heirs.

5.Improper acceptance of gifts: For example, **, entrepreneurs, public officials, etc. accept gifts or money from others.

Unjust enrichment disputes are usually a special form of litigation in civil litigation, which is called the return of unjust enrichment or the claim for damages for unjust enrichment. When suing for unjust enrichment disputes, the parties need to provide sufficient evidence to prove that the other party's actions have greatly constituted unjust enrichment, and that their own or others' legitimate rights and interests have been infringed, and require the other party to make economic compensation or return the unjust enrichment.

Legal Analysis: Unjust enrichment refers to the fact that there is no lawful basis for obtaining benefits and causing losses to others. The factual causes of unjust enrichment can be divided into two broad categories:

Payment of unjust enrichment and non-payment of unjust enrichment. According to the relevant provisions of China's Civil Code, if a party unjustly enriches a party, the person who suffers a loss may request the gainer to return the money to accompany the benefit. If the gainer does not know and should not know that it is unjust enrichment, and the benefit no longer exists, there is no need to return it.

If the gainer knew or ought to have known that it was unjust enrichment, the person who suffered the loss may request the return of the benefit and compensation for the loss. If the gainer transfers the benefits to a third party free of charge, the person who suffers the loss may request the third party to bear the obligation to return it within the corresponding scope.

Legal basis: Article 985 of the Civil Code: If the gainer obtains improper benefits without legal basis, the person who suffers losses may request the gainer to return the benefits obtained, except in any of the following circumstances:

1) Payments made for the fulfillment of moral obligations; 2) Repayment of debts before they become due; (3) Paying off debts while knowing that there is no obligation to pay.

Article 986 of the Civil Code: If the gainer does not know and should not know that the benefits obtained have no legal basis, and the benefits obtained no longer exist, he shall not bear the obligation to return the benefits.

Article 987 of the Civil Code: If the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers losses may request the gainers to return the benefits they have obtained and compensate for the losses in accordance with law.

Article 988 of the Civil Code: If the gainer has transferred the benefits obtained to a third party free of charge, the person who has suffered the loss may request the third party to bear the obligation to return it within the corresponding scope.