An Analysis of the Relationship between Return Claims of Unjust Enrichment and Others
Song Young-Bok
Abstract
Song Young-Bok
Abstract
The relationship between claim of unjust enrichment and other claims in Civil Law is a theoretical problem and also a practical one.It involves the functions of all systems in Civil Law and the roles of return claim of unjust enrichment in dealing with civil cases.The applicability among unjust enrichment,contract,spontaneous agency,returning of lost properties,infringement act,etc.is an outstanding problem in practice based on claims of properties.We should recognize independence of returning claim of unjust enrichment,and also concurrence between it and claims of other property correspondingly,which will promote functional coordination on all systems of the Civil Law,and will safeguard justice of Civil Law.
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The relationship between claim of unjust enrichment and other claims in Civil Law is a theoretical problem and also a practical one.It involves the functions of all systems in Civil Law and the roles of return claim of unjust enrichment in dealing with civil cases.The applicability among unjust enrichment,contract,spontaneous agency,returning of lost properties,infringement act,etc.is an outstanding problem in practice based on claims of properties.We should recognize independence of returning claim of unjust enrichment,and also concurrence between it and claims of other property correspondingly,which will promote functional coordination on all systems of the Civil Law,and will safeguard justice of Civil Law.
Key concepts: Unjust enrichment, Restitution, Law, Agency (philosophy), Independence (probability theory), Civil law (Civil law), Economic Justice, Plaintiff