关键词:
不法原因给付
原因
不当得利
法律后果
摘要:
不法原因给付制度早在古罗马法就进行了规定,比较法上各国通过立法或者判例的形式对该制度进行了规定,但在我国并没有规定统一的不法原因给付制度适用规则,这使得不法原因给付的民事法律后果不明。为解决此问题,首先应对不法原因给付的构成要件进行具体分析,即包括“原因”不法以及给付行为具有终局性,其次明确不法原因给付制度属于不当得利的特殊规则,最后建立“原则不允许返还,例外允许返还”的民事法律后果承担规则。The system of payment for illegal reasons has been stipulated as early as in ancient Roman law. In comparative law, various countries have stipulated the system through legislation or legal precedent, but in our country there is no unified rule for the application of the system of payment for illegal reasons, which makes the civil legal consequences of payment for illegal reasons unclear. In order to solve this problem, we should first analyze the constituent elements of payment for illegal reasons, that is, including the “reason” wrongful and the payment act is final. Secondly, it is clear that the system of payment for illegal reasons is a special rule of unjust enrichment, and finally establish the rule of civil legal consequences of “principle does not allow return, exception allows return”.