The law of unjust enrichment in China : necessary or not? / Siyi Lin.
2022
KNQ854
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Details
Title
The law of unjust enrichment in China : necessary or not? / Siyi Lin.
Author
Lin, Siyi, author.
ISBN
9783031061783 (electronic bk.)
3031061780 (electronic bk.)
9783031061776
3031061772
3031061780 (electronic bk.)
9783031061776
3031061772
Published
Cham : Springer, [2022]
Copyright
©2022
Language
English
Description
1 online resource (xiii, 286 pages).
Item Number
10.1007/978-3-031-06178-3 doi
Call Number
KNQ854
Dewey Decimal Classification
346.5102/9
Summary
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. .
Bibliography, etc. Note
Includes bibliographical references.
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Access limited to authorized users.
Source of Description
Online resource; title from PDF title page (SpringerLink, viewed September 15, 2022).
Series
China-EU law series ; v. 8. 2198-2716
Available in Other Form
Print version: 9783031061776
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Table of 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.
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.