The relationship between the claims of torts (damages) and unjust enrichment should be discussed in the context of legal obligation, and the conception of “ obligatio” is the logical origination in the research of the relationship between them. On the basis of admitting non-delivery unjust enrichment, there will be relevancies between the claims of torts and unjust enrichment. Theoretically and practically, there are three points of view on the relationship between them. From the angles of comparative law and the theory and practice of China, we should insist on concurrence, and this concurrence is the “concurrence of claim” and not the “optional concurrence”. Admitting the concurrence of them should be based on the independence of two systems, and each system should have its domain. We should realize the combination and cooperation of the systems, and neither absence nor overstepping the limits. But some problems of “overstepping the bound of claim” in our legislation and judicial interpretations can be exceptions to that rule, and will not bring about much impact to the independence of each claim.