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The Law Of Unjust Enrichment In China Necessary Or Not
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Book Synopsis The Law of Unjust Enrichment in China: Necessary or Not? by : Siyi Lin
Download or read book The Law of Unjust Enrichment in China: Necessary or Not? written by Siyi Lin and published by Springer Nature. This book was released on 2022-08-30 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Unjust Enrichment by : George B. Klippert
Download or read book Unjust Enrichment written by George B. Klippert and published by . This book was released on 1983-01-01 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Law of Unjust Enrichment by : Nathan Tamblyn
Download or read book The Law of Unjust Enrichment written by Nathan Tamblyn and published by Createspace Independent Publishing Platform. This book was released on 2015-11-27 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt: If you pay someone under a contract, and get nothing of what was promised in return, should you get your money back? If you give someone a generous gift, but only because they exerted an undue influence over you, or if you pay too much tax by mistake, should you get your money back? If the answer is yes, then the mechanism is the law of unjust enrichment. This book stakes out a modern and straightforward explanation of the law of unjust enrichment, with a structure that makes the subject readily accessible and navigable. Nathan Tamblyn is Senior Lecturer in the University of Exeter Law School.
Book Synopsis Choice of Law for Unjust Enrichment by : Stephen George Alexander Pitel
Download or read book Choice of Law for Unjust Enrichment written by Stephen George Alexander Pitel and published by . This book was released on 2002 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unjust Enrichment written by Peter Birks and published by Oxford University Press, USA. This book was released on 2003 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new book, written by the editor of the Clarendon Law Series, is a tightly structured, clear and concise account of the law of unjust enrichment, and attempts to move away from the usage of obscure terminology inherited from the past.Over the past half-century the law of restitution has made great progress and is now widely accepted as being an indispensible core subject of the common law. However, there is still further progress to be made and this text is the first book in England to switch from restitution to unjustenrichment, and from response to event. It organises modern law around five simple questions: Was the defendent enriched? If so, was it at the claimant's expense? If so, was it unjust? The claimant must then ask what kind of rights he has and the defences he may face.This book provides a concise and stimulating introduction to the subject that will be ideal for students and specialists.
Book Synopsis Economic Analysis of Law in China by : Thomas Eger
Download or read book Economic Analysis of Law in China written by Thomas Eger and published by Edward Elgar Publishing. This book was released on 2007-01-01 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an exemplary multi-disciplinary and multi-institutional study of contemporary Chinese law. A collective effort by a group of European and Chinese scholars, it skillfully tests the relationships between law and economics in the Chinese context. The China Journal This is an extremely valuable collection of essays on modern Chinese law viewed through the lens of the law and economics movement. China is developing very rapidly and law is now understood to provide the essential framework for economic development provided the law itself is economically rational. The essays in this volume are excellent examples of how economics can be used to clarify and guide the law applicable to the essential dimensions of the economy. I recommend it wholeheartedly and without reservations. Richard A. Posner, United States Court of Appeals for the Seventh Circuit and University of Chicago Law School, US This book brings together important applications of law and economics to China and covers a wide range of issues, including such basic concerns as property rights, intellectual property, and taxation, as well as competition law and corporate and securities law. Because of its breadth of coverage, its focus on the particulars of Chinese law, and the expertise of its scholars both Western and Chinese it should serve as a valuable reference work for years to come. Steven Shavell, Harvard Law School, US This book is an important step toward a Chinese scholarship in law and economics, written by leading law and economics researchers from China and Europe. Hans-Bernd Schaefer, Universität Hamburg, Germany In China everything is different, you cannot apply ordinary economics and the legal framework is idiosyncratic. In the course of time, such statements turned out to be prejudices, and the Eger/ Faure/ Zhang volume makes perfectly clear that, for instance, a law and economics approach can shed new light into the intricacies and complexities of Chinese institutional arrangements. Indeed, China creates new puzzles for economic and legal analysis. On the other hand, however, the Chinese need not invent the wheel anew and they do not try it. The book shows instances where a sophisticated law and economics approach can help to develop the legal framework which is appropriate for the transition from a planned into a market economy. The Chinese economic system is not (yet) a normal capitalist market economy, neither is the legal system adapted to a normal private property economy. Nevertheless the chapters of the book apply fruitfully law and economics theories and thus prove their general applicability. One of the outstanding achievements of the volume can be seen in the fact that it recruited more than half of its contributors with a Chinese background. They learn eagerly western approaches and they learn fast. And, of course, they have no problems with understanding Chinese culture and society. So the book combines most profitably the look from the outside and the look from within with a common theoretical framework. Hans-Jürgen Wagener, Europa Universität Viadrina, Germany This book comprises contributions on recent developments in China from a law and economics perspective. For the first time Chinese and European scholars jointly discuss some important attributes of China s legal and economic system, and some recent problems, from this particular viewpoint. The authors apply an economic analysis of law not only to general characteristics of China s social order, such as the specific type of federal competition, the efficiency of taxation and regulation, and the importance of informal institutions (Guanxi), but also to distinct areas of Chinese law such as competition policy, professional regulation, corporate governance and capital markets, oil pollution, intellectual property rights and internet games. The contributors discuss to what extent the law and economic models that have so far been employed within the context of deve
Book Synopsis An Introduction to the Law of Unjust Enrichment by : Alvin See
Download or read book An Introduction to the Law of Unjust Enrichment written by Alvin See and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The principle that no one shall be unjustly enriched at the expense of another has been invoked to rationalise the right to restitution in a number of cases which fall outside the provinces of contract and tort. This has eventually led to the recognition of an independent legal discipline known as the law of unjust enrichment. It is among the most debated private law subjects today despite its remarkably recent origin. In Malaysia, despite the increase in judicial reference to the language of unjust enrichment to justify an award of restitutionary relief, there is generally a lack of understanding about the subject and a failure to adopt a principled approach in its treatment. Therefore, it can hardly be said that Malaysia has a well-developed law of unjust enrichment, which is unfortunate given how frequently issues concerning unjust enrichment arise. This article seeks to address the problem by offering an introduction to the subject. The ensuing discussion proceeds in five parts. Part I (History) embarks on a journey through time, tracing the evolution of unjust enrichment from its beginning to its modern form. Part II (Taxonomy) examines the place of unjust enrichment within the general framework of private law and explains its differences with the more familiar disciplines such as contract and tort. Part III (Terminology), which flows from the discussions in Parts II and I, explains why it is important to speak of unjust enrichment instead of restitution. Part IV (Lessons) explains why the discussions in Parts I to III matter today. Lastly, Part V (Future) sets out certain themes that should inform future works on this subject. The last two parts will focus on the Malaysian context.
Book Synopsis Principles of Enrichment in the Law of Unjust Enrichment by : Andrew V. M. Lodder
Download or read book Principles of Enrichment in the Law of Unjust Enrichment written by Andrew V. M. Lodder and published by . This book was released on 2011 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Unjust Enrichment by : John Philip Dawson
Download or read book Unjust Enrichment written by John Philip Dawson and published by . This book was released on 1951 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: A series of lectures delivered under the auspices of the Julius Rosenthal Foundation at Northwestern University School of Law, in April 1950.
Book Synopsis Rethinking Unjust Enrichment by : Warren Swain
Download or read book Rethinking Unjust Enrichment written by Warren Swain and published by Oxford University Press. This book was released on 2024-02-29 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Book Synopsis The Foundations of Unjust Enrichment by : Peter Birks
Download or read book The Foundations of Unjust Enrichment written by Peter Birks and published by Victoria University Press. This book was released on 2002 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Six public lectures given by Peter Birks when he was the Centennial Visiting Fellow at the Victoria University of Wellington Law School in August and September 1999.
Book Synopsis Unjust Enrichment by : James Edelman
Download or read book Unjust Enrichment written by James Edelman and published by . This book was released on with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book builds on the 2006 work by the same authors, which examined the developing law of unjust enrichment in Australia. The refinement of the authors' thinking, responding to novel issues and circumstances that have arisen in the maturing case law, has required many chapters of the book to be completely rewritten. The scope of the book is also much broader. It concerns the principles of the law of unjust enrichment in Australia, New Zealand, England and Canada. Major decisions of the highest courts of these jurisdictions in the last decade provide a fertile basis for examining the underlying principles and foundations of this subject. The book uses the leading cases, particularly in England and Australia, to distil and explain the fundamental principles of this branch of private law."--Back cover.
Book Synopsis Unjust Enrichment: A Comparative Analysis by :
Download or read book Unjust Enrichment: A Comparative Analysis written by and published by . This book was released on 1951 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Scope and Structure of Unjust Enrichment by : Duncan Sheehan
Download or read book The Scope and Structure of Unjust Enrichment written by Duncan Sheehan and published by Bloomsbury Publishing. This book was released on 2024-02-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: This ambitious restatement grapples with the complex debates ongoing on the structure of unjust enrichment, proving to be a major contribution to the field. If there is one field of private law that generates excessive debate and deliberation it is that of unjust enrichment. Even the basic structure of the subject is open to misunderstanding. Arguments range from whether there is a unified principle of unjust enrichment, to whether it should be considered as a branch of property or of the law of equity. In this major critique of the subject, a leading private lawyer interrogates the ongoing criticisms of how the subject is constructed. Through a process of justification of unjust enrichment and responses to its critics, it presents a clearly articulated structure of this key branch of private law.
Book Synopsis Restatement of the Law of Restitution and Unjust Enrichment by :
Download or read book Restatement of the Law of Restitution and Unjust Enrichment written by and published by . This book was released on 1935 with total page 60 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Chinese Civil Code in the Global Legal Order by : Mauro Bussani
Download or read book The Chinese Civil Code in the Global Legal Order written by Mauro Bussani and published by BRILL. This book was released on 2024-08-06 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
