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The Law of Unjust Enrichment in China: Necessary or Not?


ISBN13: 9783031061776
To be Published: September 2022
Publisher: Springer-Verlag
Country of Publication: Singapore
Format: Hardback
Price: £119.99



This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China . It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits "without a legal basis" to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of the Chinese law of unjust enrichment.

Subjects:
Other Jurisdictions , China
Contents:
Introduction
Terminology
The Goal(s) of the Law of Unjust Enrichment in China
Do We Need a Chinese Law of Unjust Enrichment?
Comparative Study: The English Law of Unjust Enrichment
Proposals for the Future of the Chinese Law of Unjust Enrichment
Final Remarks