第三人得利返还规则之探讨

Exploration of the Rules on Third-Party Gains and Return

《民法典》第988条规定了第三人对受损人的得利返还义务,然而学界对该条规则关注不多,实践中对该规则的适用也存在滥用之嫌。其他规范在解决上述第三人返还义务的问题上存在不足,《民法典》第988条有其适用的特定法域;第三人得利返还在性质上为一项相对独立的特别法定之债,应对《民法典》第988条做目的性限缩以使其满足法律背后的价值要求。Article 988 of the “Civil Code” stipulates the obligation of a third party to return benefits gained at the expense of the injured party. However, academic attention to this provision has been limited, and its application in practice has raised concerns about potential misuse. Other regulations are insufficient in addressing the issue of third-party return obligations, indicating that Article 988 has its specific legal domain of application. The obligation of third-party return is fundamentally a relatively independent special statutory debt, which necessitates a purposive restriction of Article 988 to align it with the underlying values of the law.