The Fact Elements of the Unjust Enrichment——From the Legal Facts to Legal Effect

The unjust is a legal fact,legal fact of unjust incurs legal effect of restitution,which constitute claim of unjust enrichment.From perspective of comparative law,two legal systems in legal fact elements of unjust both are constituted with the defendant’s enrichment and the plaintiff suffered loss,but there are different in the is unjustified.The civil law system makes a general,and abstract general provisions,while common law makes various unfair factors.By compared with other countries,tries to explain unjust fact systematically,with aim of better realization of value function of unjust claim.