浅析英美法中不当得利制度——兼以比较法视角看中国不当得利制度

Unjust Enrichment in Anglo-American Law——additional research on the same system in China by comparison

自从1937年《返还请求权法重述》中将不当得利(unjust enrichment)作为界定返还(restitution)的依据并首次提出返还请求权法以来,建立统一、独立的返还请求权法的可能性和必要性得到了英美法理论界的重视,并在1991年获得英国司法判例的承认。于是一个独立的、调整不当得利的请求权基础建立了起来,并与合同法、侵权法共同构成了英美债法中的三大支柱。从unjust enrichment的产生和渊源入手,通过对此制度与我国不当得利制度的比较分析,进一步对这个传统领域加以研究,可以从比较法的角度给我国的不当得利制度以较多的启发。

Since unjust enrichment was seen as foundation of restitution by Restatement of Restitution which was written in 1937, the possibility and necessity of establishing unified and independent restitution has presented itself for the attention from the whole society and the system of restitution was finally admitted by English jurisprudence in 1991. So an independent right to request which ad- justs the system of unjust enrichment is created as one of the props in Anglo-American Obligation law. From the origin and generation of unjust enrichment, we can do more research on this field and put forward some suggestions for the development of Chinese unjust enrichment with perspective of comparative law through comparative analysis of the system of unjust enrichment in China and foreign country.