Comparison Check of concept, Basis and Purpose of Two Institutions Compensation and Unjust Enrichment

Two institutions compensation and unjust enrichment are two institutions which are definedon the basis of different basis and purposes but both of them finally, have existed with thepurpose of justice. The aim of this study is that by checking the basis of compensation,explore in the basis of unjust enrichment. These studies with an analytical method based onlibrary have compared two institutions compensation and unjust enrichment. In this study,by checking the basis of these institutions and comparison the basis of unjust enrichmentwith the basics such as Risk thory, illegitimate act, Materialist and typical analysis andillegitimate loss, determined that each of these basics have drawbacks that at last a basicwas suggested as an independence rule for the unjust enrichment which has conditions andpillars like other contracts. The civil code is silent in this case, while this rule has anindependent existence and it’s worthy to review and clarify its principles and rules. It’sconsidered as a fair institution and respect it to maintain ownership and it has been referredin article ۳۰۱ of civil code generally but it was suggested that regulate some rules about itspecifically to demystify in applying this rule.