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The law of unjust enrichment in China : necessary or not? / Siyi Lin.

9783031061783 (electronic bk.)
3031061780 (electronic bk.)
9783031061776
3031061772

Cham : Springer, [2022]

©2022

English

1 online resource (xiii, 286 pages).

10.1007/978-3-031-06178-3 doi

KNQ854

346.5102/9

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. .

Includes bibliographical references.

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Online resource; title from PDF title page (SpringerLink, viewed September 15, 2022).

China-EU law series ; v. 8. 2198-2716

Print version: 9783031061776

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