错误汇款中的不当得利问题分析

Analysis of Unjust Enrichment Issues in Defective Cashless Payments

在银行无过错地按指示进行汇款的错误汇款案件中,不当得利关系存在于汇款人与收款人之间,收款人为对银行债权的准占有人,错误汇款人有权要求收款人返还该不当得利。若在该类型错误汇款中,汇入银行在错误汇款记入收款人账户后,在不知也不应知其为错误汇款的情况下,根据其与收款人之间的"综合授信合同"对收款人的账户进行划扣的,亦发生清偿效果,银行并无不当得利,不当得利关系仍存在于汇款人与收款人之间,收款人的不当得利为对汇入银行债务负担的减轻。

In defective cashless payments the bank executes a credit transfer without defects, the remitter has a condictio indebt against the receiver and the receiver is the quasi-possessor of the right of claim, and the remitter has the right against the receiver to claim the certain money back. If in such cases, the receiving baker deducts the receiver＇ s bank account according to the contract with the receiver, then the receiving bank＇s does not have unjust enrichment. The remitter still has a condictio indebiti against the receiver. For the receiver, the unjust enrichment is the decrease of debt to the receiving bank.