Unjust enrichment is not a common term, but the things it means are very common, referring to the illegal act of obtaining rights and causing damage to others without a contract or legal document. Then, what are the requirements for the establishment of unjust enrichment? Today’s web editor summarizes the following content for you, hoping to help you solve doubts and confusion. What are the requirements for the establishment of unjust enrichment? The requirements for the establishment of unjust enrichment are as follows:

(One) On the one hand, the acquisition of asset rights

The right to acquire assets refers to the increase in the total amount of assets due to certain objective facts. The establishment of unjust enrichment must be based on the acquisition of asset rights by one party. If only harm is caused to others while no rights are obtained, even if responsible, it does not constitute unjust enrichment. Here, the rights include the active increase of assets. The active increase of assets refers to the increase in the scope of assets, such as the acquisition of the right to use, patent rights, and the removal of pressure on the right to use; the decline in the value of assets refers to the rights caused by the failure to reduce assets due to certain objective facts, such as the expenses that should have been incurred but were not, which is equivalent to an increase in assets in fact.

(Two) The other party suffers damage

Refers to the reduction of the total amount of others’ assets due to certain objective facts. If only one party profits while the other party is damaged, it cannot constitute unjust enrichment. Here, the damage includes the reduction of assets as well as the decline of assets. The active reduction of assets refers to the reduction of existing assets. The decline in the value of assets refers to the assets that should have increased but failed to do so due to certain objective facts.

(Three) Logical relationship between the acquisition of rights and the damage suffered

The establishment of unjust enrichment is based on the logical relationship between rights and damages. That is, the injury of one party is caused by the profit of the other party. Whether the scope and shape of the damage and rights are consistent is not discussed.

When returning rights, if the rights are lower than the damage, the standard is the rights; if the rights exceed the damage, the standard is the damage. The part of the rights exceeding the damage, after deducting the relevant expenses, should be collected into the finance.

(Four) Lack of legal basis

The lack of a legal basis refers to the lack of a legal basis for acquiring rights.

It can be seen that there is no legal basis for this, which is related to the acquisition of rights, and does not stipulate that the acquisition of rights or assets has a reasonable and legal basis. For example, the right to use the product obtained by the producer is a reasonable and legal basis, but the rights he obtained have no legal basis, and therefore, this right should be returned according to the regulations on unjust enrichment. If there is a legal basis for acquiring rights, even if the pledgee is damaged, it does not constitute unjust enrichment, such as a gift. The lack of a legal basis includes the lack of a legal basis for acquiring rights, as well as the loss of the basis for acquiring rights after the rights are acquired. If the transaction is canceled, the assets obtained by one party from the other party should be returned to the other party.