英文摘要 |
Regarding the establishment of unjust enrichment, there should be connection between the benefits and losses. Traditionally, the causation is applied to determine the connection between the benefits and losses. In recent years, scholars believe that it should replace the causation by payment relationship to determine the connection between the benefits and losses. In tripartite relationship of payment, determining the connection between the benefits and losses by payment relationship helps in clarifying the parties of unjust enrichment. In this case, district court determines the connection of benefits and losses by direct causation, and high court determines such connection by indirect causation. Afterwards, the courts replace causation by payment relationship to determine the connection between benefits and losses. This article intends to analyze which criterion could be used to properly determine the parties of unjust enrichment in tripartite relationship of payment. |