What are the specific legal provisions for unjust enrichment?

Article 122 of the General Provisions of the Civil Law 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. This article clarifies the legal effect that the unjust enricher has the obligation to return to the person whose interests have been damaged, and that the person whose interests have been damaged has the right to request the return of the unjust enrichment from the unjust enricher, and also clarifies the three basic constituent elements that "there is no legal basis for the gainer to gain", "the interests of the other party suffers losses", and "there is a causal connection between the benefits obtained by the gainer and the loss of interests of the other party".

According to Article 985 of the latest Civil Code, if the person who has obtained an improper benefit without legal basis, the person who has suffered a loss may request the person who has obtained the benefit to return the benefits obtained, except in one of the following circumstances. First, payments made for failure to fulfill a moral obligation.

Second. Settlement of debts before they become due. Third, the settlement of debts with the knowledge that there is no obligation to pay.

In addition, section 986 provides that there is no legal basis for the benefit obtained that the Deli person did not know and should not have known. If the benefits obtained no longer exist, they shall not bear the obligation to return the benefits. Article 987 stipulates that if the right-hand person knows or should know that the benefits obtained have no legal basis, the person who suffers the loss may request the gainer to return the benefits he has obtained and compensate for the losses in accordance with the law.

Article 988. If an independent person has transferred the benefits obtained to a third party free of charge, the injured person may request the third party to bear the obligation to return it within the corresponding scope. The Civil Code stipulates in principle the constitutive elements and legal effects of improper benefits.

The judicial interpretation also makes more specific provisions on the scope of the return of the subject matter of the return of improper benefits. However, the provisions on unjust enrichment are too principled and do not distinguish between the return of unjust enrichment. No, is the clear beneficiary subjectively bona fide, or is it malicious?

The definition of the return of unjust benefits in judicial interpretations is incomplete, and the scope of return of unjust enrichment is not limited to the original goods. The interpretation of other benefits obtained by taking advantage of unjust enrichment is not clear. Current Regulations** Calculation of Reimbursements.

When the bona fide recipient does not have the benefit obtained, the obligation to return the benefits is exempted, and the obligation of the transferee to return is not stipulated. Unjust enrichment is the same as civil acts without cause management and torts, but they are different. The benefits obtained from civil acts that have not yet taken effect are lawful and legitimate.

Of course, it is not true, unjust enrichment. If the civil act is invalid, the unearned benefits are transferred to the person himself but are constituted by his own possession, and unjust enrichment. Tortfeasor.

Infringement of the legitimate rights and interests of others may also benefit from it, and such gains constitute unjust enrichment. If the tortfeasor infringes upon the lawful rights and interests of others, it may also benefit from it, and such gain constitutes unjust enrichment, in which case the tortfeasor will arise, and the right of claim will compete with the unjust enrichment and the right of claim.

According to the relevant provisions, if a party unjustly enriches a party, the person who suffers the loss may request the gainer to return the benefits. 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 analysis

The nature of unjust enrichment is an event in the context of a legal fact, not an act. It refers to the acquisition of benefits that are detrimental to others without a lawful basis. 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 interest, that is, the owner of the interest 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.

This creates a debt-related relationship between the two parties. In this case, the person who receives the benefit is called the beneficiary, and the person who suffers the damage is called the victim. 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.

Specific characteristics of unjust enrichment: 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 benefit and the victim's injury; There is no lawful basis for the beneficiary to obtain the benefit. Namely:

There is neither legal nor contractual basis, or there was a lawful basis, but that legal basis was subsequently lost; The beneficiary is obliged to return the unjust benefit to the victim after learning that there is no lawful basis for his benefit or that the lawful basis has been lost.

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 performance of moral obligations; (2) the repayment of debts before they become due; (3) Repayment 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:Where the gainer has already transferred the benefits obtained 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.

Opinions of the Supreme People's Court on Several Issues Concerning the Implementation of the General Principles of the Civil Law of the People's Republic of China (Provisional).

131 The unjust benefit of return shall include the original thing and the fruits thereof. Other benefits obtained through the use of unjust enrichment shall be confiscated after deducting labor management expenses.

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

Article 122: Unjust enrichment is the acquisition of improper benefits by others without a legal basis, and the person who suffers losses has the right to request that they return the improper benefits.

Article 985:Unjust enrichment is defined as where the gainer obtains an improper benefit without a legal basis, and the person who suffers a loss may request the gainer to return the gains, except in the case of any of the following blind takes:

1) Payments made for the fulfillment of moral obligations;

(2) the repayment of debts before they become due;

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

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

Article 122: Unjust enrichment is the acquisition of improper benefits by others without a legal basis, and the person who suffers losses has the right to request that they return the improper benefits.

Article 985:The definition of unjust enrichment is that where the gainer has obtained an improper benefit without a legal basis, the person who has suffered a loss may request the gainer to return the gainer, except in any of the following circumstances:

1) Payments made for the fulfillment of moral obligations;

(2) the repayment of debts before they become due;

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

Unjust enrichment refers to the benefits obtained by a person through illegal means, and according to the relevant provisions of the Contract Law and the Civil Code of China, the beneficiary shall return the illegal gains.

Unjust enrichment refers to property or other benefits obtained by a person through illegal means. For example, if a company obtains a tender through bribery**, this part of the income can be considered unjust enrichment. According to the relevant provisions of the Contract Law and the Civil Code of China, the beneficiary shall return the unjust enrichment.

In the above example, the company should return the revenue earned as a result of the bribe**. It should be noted that the following points should be paid attention to when judging whether there is unjust enrichment:1

Whether there are illegal means. If the profit is obtained through illegal means, it will generally not constitute unjust enrichment. 2.

Whether there is a beneficiary. Unjust enrichment can only be constituted if there is a beneficiary. The beneficiary is not necessarily the perpetrator of the unlawful act, but may also be a third party benefiting from the unlawful act.

3.How to determine the scope of unjust enrichment. In determining the scope of unjust enrichment, consideration should be given to all the benefits arising from the unlawful act involved.

For example, in a bribery case, in addition to the income obtained from the bribery, other benefits from the bribery were also included.

If the unjust enrichment has already been used, does it need to be returned? If the unjust enrichment has already been used, does it need to be returned? The answer is yes.

According to the relevant law, the beneficiary is required to return the unjust enrichment regardless of whether it has been used or not. In practice, if the beneficiary has used the improper gains in his own production, business or life, he or she can convert them according to certain standards, and it is not necessary to completely return the original benefits.

Unjust enrichment refers to the benefits obtained by a person through illegal means, and the beneficiary shall return the illegal gains. All benefits arising from the unlawful act shall be taken into account in the return. In practice, if unjust enrichment has already been used, it can be converted according to a certain standard, without having to completely return the original benefit.

Legal basis

Article 124 of the Contract Law of the People's Republic of China An agreement between the parties that violates the mandatory provisions of the law shall be invalid; Where a violation of the prohibitive provisions of the law is violated, it shall be partially invalid or invalid in whole to the extent of the violation and the size of the consequences.

The criteria for unjust enrichment include: Where there is no lawful basis for obtaining improper benefits and causing losses to others, the improper benefits obtained shall be returned to the person who suffered the losses. The unjust benefits to be returned should include the original thing and the fruits of the original thing.

Other benefits obtained through the use of unjust enrichment shall be confiscated after deducting labor management expenses. Article 985 68 of the Civil Code Law Where the gainer has no legal basis to obtain improper benefits, the person who has suffered losses may request the gainer to return the benefits obtained, except in any of the following circumstances: (1) Payments made for the performance of moral obligations; (2) the repayment of debts before they become due; (3) Repayment of debts knowing that there is no obligation to pay.

Article 986:68 Where the beneficiary 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 68 If the gainer knows or should know that the benefits obtained have no legal basis, the person who suffers the loss may request the gainer to return the benefits he has obtained and compensate for the losses in accordance with law. Article 988:68 Where the gainer has already transferred the benefits obtained to a third party free of charge, the person who has suffered losses may request the third party to bear the obligation to return it within the corresponding scope.

The law on unjust enrichment provides that if the gainer obtains an improper benefit without a legal basis, the person who suffers a loss may request the gainer to return the gainer, except in any of the following circumstances:

1. Payments for the fulfillment of moral obligations;

2. Repayment of debts before maturity;

3. Debt repayment knowing that there is no obligation to pay.

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.

Where the gainer knows or should know that there is no legal basis for the benefits obtained after the negotiation, the person who suffers the loss may request the gainer to return the benefits he has obtained and compensate for the losses in accordance with law.

Where the gainer has already 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.

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.