The Law of Unjust Enrichment in China: Necessary or Not? by Siyi Lin (English) H

Description: The Law of Unjust Enrichment in China: Necessary or Not? by Siyi Lin This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. 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. FORMAT Hardcover LANGUAGE English CONDITION Brand New Publisher Description 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 Peoples 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. Back Cover 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 Peoples 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. Author Biography 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 "Chinas New Charity Law: A New Era of Charitable Trusts," Trusts & Trustees 24 (8) 2018, pp 768–777. 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 Feature Provides an in-depth research on unjust enrichment in China in English Compares unjust enrichment in China with its counterpart in English law Raises a question that has not been discussed much: why the law of unjust enrichment is needed? Details ISBN3031061772 Author Siyi Lin Publisher Springer International Publishing AG Language English Year 2022 ISBN-10 3031061772 ISBN-13 9783031061776 Format Hardcover DOI 10.1007/978-3-031-06178-3 Series Number 8 Series China-EU Law Series Edition 1st Imprint Springer International Publishing AG Place of Publication Cham Country of Publication Switzerland Pages 286 Publication Date 2022-08-31 UK Release Date 2022-08-31 Illustrations XIII, 286 p. Edition Description 1st ed. 2022 Alternative 9783031061806 Audience Professional & Vocational We've got this At The Nile, if you're looking for it, we've got it. With fast shipping, low prices, friendly service and well over a million items - you're bound to find what you want, at a price you'll love! TheNile_Item_ID:137001919;

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