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

ISBN-13: 9783031061806 / Angielski / Miękka / 2023

Siyi Lin

Opis

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.  

 

Spis treści

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

O autorze

Siyi Lin is currently a lawyer at King & Wood Mallesons in China. She holds a PhD and an LLM from the Chinese University of Hong Kong, and an LLB from China University of Political Science and Law. Her research focuses on civil law, trust law, and commercial law, particularly on the law of unjust enrichment. Her recent publications include “Looking Back and Thinking Forward: The Current Round of Civil Law Codification in China,” The International Lawyer 52 (3) 2019, pp 439–467; “The History of a Mystery: The Evolution of the Law of Unjust Enrichment in Germany, England and China” (with Lutz-Christian Wolff and Steve Gallagher), International Comparative, Policy & Ethics Law Review 3 (2) 2020, p. 337–381; and “China’s New Charity Law: A New Era of Charitable Trusts,” Trusts & Trustees 24 (8) 2018, pp 768–777.