涉外不當得利事件之法律適用問題

涉外民事法律適用法修正後，立法上援用實體法上對於不當得利類型的分類，就非給付型不當得利，依利益之受領地法，而就給付型不當得利則依實際上與該給付所由發生法律關係所應適用之法律。此一變革有別以往將涉外不當得利與無因管理事件統一適用事實發生地法之原則，法律適用上處理更為細膩，殊值肯定。
本文就我國涉外民事法律適用法立法上之變革，外國立法例之借鏡之處及現行涉外民事法律適用法之規定之解釋解釋方向，提出整理與分析，期能對司法實務操作有些許積極的建議。

After the amendment to the Act Governing the Choice of Law in Civil Matters Involving Foreign Elements (the“Act”), there has been a legislative revision in the classification of unjust enrichment types with reference to substantive laws. In cases of non-payment improper enrichment, the applicable law is determined based on the jurisdiction of the recipient of the benefit according to the law of the place where the benefit was received. On the other hand, for cases of payment-type unjust enrichment, the applicable law is determined on the basis of the actual legal relationship that arises from the payment. This reform marks a departure from the previous practice of uniformly applying the law of the place where the management was undertaken to both foreign unjust enrichment and negotiorum gestio. The legislation has become more nuanced, and this change is worthy of recognition. This article explores the legislative changes in the said Act, draws insights from foreign legislative examples, and provides analyses of the interpretation direction of the current law. This article therefore hopes to present a compilation and analysis that may offer some positive suggestions for our judicial practice.