英美法不当得利制度适用探析——以反垄断领域超高定价为例

不当得利制度作为英美法返还请求权的核心正日益受到重视,为维护公平正义的价值理念而提供坚实的保障。在超高定价案件中,美国联邦法律只保护直接购买者,州法律虽然保护作为间接购买者的消费者,但是实践中却是背道而驰。当公平正义遭到侵害时,不当得利制度的优势凸显,但却遭到长期的忽视。文章努力强调英美不当得利制度之优势,对其在超高定价案件之适用困境进行分析,指出应还不当得利以独立之地位,发挥其独特之优势,保护消费者之权益,彰显公平正义之不朽精神。

An Investigation of the Application of the Unjustified Enrichment System in the Common Law: An Example of Fixing a High Price in the Antitrust

As the core of the restitution in the Common Law, the unjustified enrichment system has received an increasing attention and it has provided a solid protection for just values. In the cases of fixing a price, the US Federal Law protects the direct purchasers alone. On the other hand, though the state-level laws claim to safeguard the consumers, yet the practices run in the opposition direction. It is only when damage is caused to justice that the unjustified enrichment system is highlighted. But unfortunately, it has been neglected for long. In the article, an emphasis is laid upon the advantages of the unjustified enrichment system in the Common Law, and an analysis is made with regard to the application of the cases of fixing high prices. Therefore the independent status of the unjustified enrichment should be recovered and it can be brought into full play in order to protect the consumer＇s rights and demonstrate an immortal spirit of justice.