The jurisdiction court of unjust enrichment dispute is the defendant's domicile, and the court where the victim is located has no jurisdiction, so it is necessary to bring a lawsuit to the court where the defendant has his domicile or habitual residence.
According to the General Principles of the Civil Law of People's Republic of China (PRC) and Article 92 of the Civil Law of People's Republic of China (PRC), "if there is no legal basis to obtain improper benefits and cause losses to others, the improper benefits obtained shall be returned to the person who has suffered losses". Therefore, refusing to return the wrong transfer constitutes unjust enrichment. The payee has the obligation to return it in full.
In addition, the Supreme People's Court's Opinions on the Implementation of Several Issues (Trial) stipulates: "The improper benefits returned include the original and the fruits of the original."
While recovering all the money, the parties may also request the return of the generated interest. In addition, if necessary expenses such as transportation, lost time, handling fees, etc. They can claim compensation from each other for the return of goods caused by cooperation.
Extended data
If the case fails to pay the wrong account, the court will award a full refund.
The People's Court of Luolong District, Luoyang City made a judgment on a dispute over Alipay transfer error.
Mr. Meng from Shucheng County, Anhui Province bought a car through a company and planned to use it to get a car online. He needs to buy vehicle insurance (commercial insurance and compulsory insurance) to pick up the car. Therefore, at about 5 o'clock on October 9, 20 16 65438/KLOC-0, Mr. Meng transferred money to the salesman of the company, 500 yuan.
The other party provided an Alipay account in the form of QQ mailbox. Due to negligence, Mr. Meng entered the wrong number and transferred 5500 yuan to a stranger's account by mistake.
Subsequently, Mr. Meng immediately contacted the other party on QQ and Taobao Want Want, hoping that the other party could return the 5,500 yuan as soon as possible. But the other party did not respond. In desperation, Mr. Meng found out that the stranger was located in Luoyang, so he filed a lawsuit in the court in the urban area.
After the trial, the court held that the defendant in this case got 5500 yuan without legal basis, which made the plaintiff Mr. Meng suffer losses, which was in line with the characteristics of unjust enrichment. Therefore, the court ruled that the defendant returned 5500 yuan to the plaintiff. If the defendant fails to perform the obligation of paying money within the period specified in the judgment, he shall pay double interest on the debt during the delayed performance in accordance with the provisions of Article 253 of the Civil Procedure Law of People's Republic of China (PRC).
How to recover the wrong account of People's Daily Online-Alipay WeChat? Lawyer: The negotiation was inconclusive.