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我国的不当得利制度没有一个完整的体系,只有两个简单、笼统、抽象的条文,若借以此来规定不当得利,无论在理论上还是实务上都不太成熟。德国法对于不当得利的研究更为系统,从德国法的视角来看不当得利的给付原因,能够提供法理支持。并且,本文通过比较不同的立法模式,来探讨给付不当得利成立之条件。最后,根据一些学者提出的给付型的类型深入了解,进行了逐一讨论,重点讨论无法律之原因,即给付目的的欠缺。
The system of unjust enrichment in our country does not have a complete system. There are only two simple, general and abstract provisions. If unjust enrichment is stipulated in this system, it is neither mature in theory nor in practice. German law is more systematic in its investigation of unjust enrichment, and from the perspective of German law, it can provide legal support for the reasons for unjust enrichment. And, by comparing different legislative models, this article explores the conditions for the establishment of unjust enrichment benefits. Finally, based on the types of payment-type proposed by some scholars, we get to know each other one by one, focusing on the reasons why there is no law, that is, the lack of the purpose of payment.