A Company that acts under Chinese laws has transferred money by mistake. Is it possible to claim a refund if the recipient of money refuses to return it?

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Yes, it is possible to legally claim money back that were not returned under the terms of unjust enrichment that exists in the Chinese legislation.

According to the Civil Code of the People’s Republic of China , unjust enrichment (给付不当得利) is the unjust enrichment caused by the claimant's payment behaviour. It means that the claimant puts their money in a state of unknown ownership. If the beneficial owner obtains improper benefits without legal basis, the person suffering losses may request the beneficial owner to return the benefits obtained, except under any of the following circumstances:

  1. Payment for the performance of moral obligations;
  2. Repayment of debts before maturity;
  3. Repayment of debts knowing that there is no obligation to pay. In the case of unjust enrichment, the claimant knows the reason for payment performed, and has the responsibility and ability to prove that there is no legal reason for it.

The burden of proof of payment type unjust enrichment is borne by the claimant.

If you are interested to know more about it, you can read the post on this topic here.


Published: 11 May 2022

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