不法原因給與制度의 立法形式에 관한 考察

The study of performance for illegal cause form of legislation

I explained about the main contents of the payment in connection with the coverage of the coverage of the Payment in illegal cause. Civil Code Section 746 trillion we paid in the body causing return for illegal claim to the exclusion principle, only qualified beneficiary if there is only illegal cause clues to recognize the format of the return of illegal claims for reimbursement of no return is the principle cause of and recognize the exceptional returns. The payment in illegal cause regulated by Civil Code Article 746 is to maintain legal system and legal harmony by protecting the one who commit the anti social legal act. Cause of the extreme sense, illegal operation of benefit plans in the guise of a carte blanche discretion solely on the basis of discretion bigyoron illegality based solely on the conclusion only because it specifically declares the feasibility of opportunistic trial of intensive practice in light of German culture Joe civil Code Section 817 regulations as illegal by explicit principles and exceptional return causes not pay the return type of the legislation is to think that the validity of a review. If there is no legal ground to justify the delivery of the payment the payment should be returned as excessive profit.