The interpretation of direct recourse for unjust enrichment in civil code system
The interpretation of the constituent elements of Article 988 of the Civil Code should be different from the text.It cannot be considered that the single element of free transfer after the establishment of the debt of unjust enrichment can establish the direct recourse for unjust enrichment against the third party.Based on the analogy principle of not harming the third party,there is field for analogy to apply this article in the case of double defects in the payment chain and the consideration has not been paid,and in the case of legal real right transfer.Based on the legislation system of our country,a direct claim should be established when the beneficiary is exempted from the liability of return due to the gratuitous transfer or the beneficiary is unable to pay.In this way,it can be echoed with other systems under the civil law system,but also really play the role of the direct recourse for unjust enrichment.
NETL
NSTL
万方数据
