The Law Of Unjust Enrichment In China Necessary Or Not

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

Author : Siyi Lin
Publisher : Springer Nature
ISBN 13 : 3031061780
Total Pages : 297 pages
Book Rating : 4.0/5 (31 download)

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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.

Rethinking Unjust Enrichment

Author : Warren Swain
Publisher : Oxford University Press
ISBN 13 : 0192874144
Total Pages : 401 pages
Book Rating : 4.1/5 (928 download)

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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.

General Principles and the Coherence of International Law

Author : Mads Andenas
Publisher : BRILL
ISBN 13 : 9004390936
Total Pages : 474 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis General Principles and the Coherence of International Law by : Mads Andenas

Download or read book General Principles and the Coherence of International Law written by Mads Andenas and published by BRILL. This book was released on 2019-05-20 with total page 474 pages. Available in PDF, EPUB and Kindle. Book excerpt: General Principles and the Coherence of International Lawprovides a collection of intellectually stimulating contributions from leading international lawyers to the discourse on the role of general principles in international law. Offering a comprehensive analysis of the doctrines, practices, and debates on general principles of law, the volume assesses their role in safeguarding the coherence of the international legal system. This important book addresses the relationship between principles of law and the other sources of international law, explores the interplay between principles of law and domestic and regional legal systems and the role of principles of law with regard to three specific regimes of international law: investment law, human rights law and environmental law.

Chinese Contract Law

Author : Larry A. DiMatteo
Publisher : Cambridge University Press
ISBN 13 : 1107176328
Total Pages : 545 pages
Book Rating : 4.1/5 (71 download)

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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.

The Law and Ethics of Restitution

Author : Ḥanokh Dagan
Publisher : Cambridge University Press
ISBN 13 : 9780521829045
Total Pages : 402 pages
Book Rating : 4.8/5 (29 download)

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Book Synopsis The Law and Ethics of Restitution by : Ḥanokh Dagan

Download or read book The Law and Ethics of Restitution written by Ḥanokh Dagan and published by Cambridge University Press. This book was released on 2004-08-12 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 2004 book provides acomprehensive account of the American law of restitution.

The Law of Unjust Enrichment

Author : Robert Goff Baron Goff of Chieveley
Publisher :
ISBN 13 : 9780414055230
Total Pages : 1047 pages
Book Rating : 4.0/5 (552 download)

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Book Synopsis The Law of Unjust Enrichment by : Robert Goff Baron Goff of Chieveley

Download or read book The Law of Unjust Enrichment written by Robert Goff Baron Goff of Chieveley and published by . This book was released on 2016 with total page 1047 pages. Available in PDF, EPUB and Kindle. Book excerpt: Présentation de l'éditeur : "Goff & Jones is the leading work on the law of unjust enrichment. The first edition appeared fifty years ago, in 1966, and successive editions have played a major role in establishing the central importance of the subject for private and commercial law. The text is comprehensive in coverage and written by highly respected scholars who analyse and explain the principles governing claims in unjust enrichment, demonstrating how these principles have been applied through detailed discussion of case-law. The book is frequently cited in court and continues to set the agenda for future developments in the field. The new 9th Edition is completely up-to-date and contains detailed discussion of important decisions since the last edition. Many chapters have been rewritten to take account of significant new cases, and their impact on topics including the valuation of enrichments, the recovery of benefits from remote recipients, the recovery of benefits transferred by mistake, the recovery of money paid as tax that is not due, and the content of the tracing rules and their significance for the award of proprietary remedies."

Unjustified Enrichment

Author : David Johnston
Publisher : Cambridge University Press
ISBN 13 : 9781139432634
Total Pages : 802 pages
Book Rating : 4.4/5 (326 download)

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Book Synopsis Unjustified Enrichment by : David Johnston

Download or read book Unjustified Enrichment written by David Johnston and published by Cambridge University Press. This book was released on 2002-04-18 with total page 802 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjustified enrichment has been one of the most intellectually vital areas of private law. There is, however, still no unanimity among civil-law and common-law legal systems about how to structure this important branch of the law of obligations. Several key issues are considered comparatively in this 2002 book, including grounds for recovery of enrichment, defences, third-party enrichment, as well as proprietary and taxonomic questions. Two contributors deal with each topic, one a representative of a common-law system, the other a representative of a civil-law or mixed system. This approach illuminates not just similarities or differences between systems, but also what different systems can learn from one another. In an area of law whose territory is still partially uncharted and whose borders are contested, such comparative perspectives will be valuable for both academic analysis of the law and its development by the courts.

An Introduction to the Comparative Study of Private Law

Author : James Gordley
Publisher : Cambridge University Press
ISBN 13 : 1108835848
Total Pages : 735 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis An Introduction to the Comparative Study of Private Law by : James Gordley

Download or read book An Introduction to the Comparative Study of Private Law written by James Gordley and published by Cambridge University Press. This book was released on 2021-01-28 with total page 735 pages. Available in PDF, EPUB and Kindle. Book excerpt: Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.

The Chinese Civil Code in the Global Legal Order

Author : Mauro Bussani
Publisher : BRILL
ISBN 13 : 9004704426
Total Pages : 423 pages
Book Rating : 4.0/5 (47 download)

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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.

Unjust enrichment in European Union law

Author : Marloes van de Moosdijk
Publisher :
ISBN 13 : 9789013151497
Total Pages : 320 pages
Book Rating : 4.1/5 (514 download)

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Book Synopsis Unjust enrichment in European Union law by : Marloes van de Moosdijk

Download or read book Unjust enrichment in European Union law written by Marloes van de Moosdijk and published by . This book was released on 2018 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Which rights and obligations arise from the EU principle prohibiting unjust enrichment? This is the first publication to thoroughly examine the consequences this principle has # or may have # for private law relationships. An illuminating analysis, bearing both academic and practical importance. As the interplay between EU law and national private law intensifies, the question arises how the EU principle prohibiting unjust enrichment plays into various legal relationships involving one or more individuals. Unjust enrichment in European Union law takes a pioneering step in addressing this pressing issue. The author puts forward a compelling analysis, taking into account the functions of unjust enrichment in a number of national law systems and the functions of general principles of EU law, as well as case law of the Court of Justice of the EU. For analytic purposes, links are identified between EU causes of action based on undue payment, unjust enrichment and unlawful act, respectively. This is followed by a discussion whether or not such actions should be founded on violation of an EU provision having direct (horizontal) effect. Insight into the possible consequences of the EU principle prohibiting unjust enrichment has both academic and practical importance. The reader gains a deeper understanding of how the Court of Justice may further develop EU law on the basis of private-law principles. The study illuminates which rights individuals may derive from such legal principles and # if they can do so # under which circumstances.

Studies in the Contract Laws of Asia

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 0198757220
Total Pages : 531 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Studies in the Contract Laws of Asia by : Mindy Chen-Wishart

Download or read book Studies in the Contract Laws of Asia written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences throughout eachacross the jurisdictions, and comparisons with European jurisdictions from which Asians well as an overview of the common themes found throughout each jurisdiction .contract law derive. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Remedies for Breach of Contract

Author : Mindy Chen-Wishart
Publisher : Oxford University Press
ISBN 13 : 019107442X
Total Pages : 694 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Remedies for Breach of Contract by : Mindy Chen-Wishart

Download or read book Remedies for Breach of Contract written by Mindy Chen-Wishart and published by Oxford University Press. This book was released on 2016-02-11 with total page 694 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in the Contract Laws of Asia provides an authoritative account of the contract law regimes of selected Asian jurisdictions, including the major centres of commerce where until now, limited critical commentaries have been available in the English language. In this new six part series of scholarly essays from leading scholars and commentators, each volume will offer an insider's perspective into specific areas of contract law, including: remedies, formation, parties, contents, vitiating factors, change of circumstances, illegality, and public policy, and will explore how these diverse jurisdictions address common problems encountered in contractual disputes. Concluding each volume will be a closing discussion of the convergences and divergences across the jurisdictions. Volume I of this series examines the remedies for breach of contract in the laws of China, India, Japan, Korea, Taiwan, Singapore, Malaysia, Hong Kong, Korea, and Thailand. Specifically, it addresses the readiness of each legal system in their action to insist that parties perform their obligations; the methods of enforcing the parties' agreed remedies for breach; and the ways in which monetary compensation are awarded. Each jurisdiction is discussed over two chapters; the first chapter will examine the performance remedies and agreed remedies, while the second explores the monetary remedies. A concluding chapter offers a comparative overview.

Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law

Author : Jiayong Zhang
Publisher : Springer Nature
ISBN 13 : 9811991073
Total Pages : 564 pages
Book Rating : 4.8/5 (119 download)

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Book Synopsis Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law by : Jiayong Zhang

Download or read book Modes of Regulation in the Intermediate Field Between Contract Law and Tort Law written by Jiayong Zhang and published by Springer Nature. This book was released on 2023-02-17 with total page 564 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Disgorgement of Profits

Author : Ewoud Hondius
Publisher : Springer
ISBN 13 : 3319187597
Total Pages : 517 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis Disgorgement of Profits by : Ewoud Hondius

Download or read book Disgorgement of Profits written by Ewoud Hondius and published by Springer. This book was released on 2015-08-12 with total page 517 pages. Available in PDF, EPUB and Kindle. Book excerpt: Disgorgement of profits is not exactly a household word in private law. Particularly in civil law jurisdictions – as opposed to those of the common law – the notion is not well known. What does it stand for? It is best illustrated by examples. One of the best known being the British case of Blake v Attorney General, [2001] 1 AC 268. In which a double spy had been imprisoned by the UK government before escaping and settling in the former Soviet Union. While there wrote a book on his experiences, upon which the UK government claimed the proceeds of the book. The House of Lords, as it then was, allowed the claim on the basis of Blake’s breach of his employment contract. Other examples are the infringement of intellectual property rights, where the damages of the owner are limited, but the profits of the wrongdoer immense. In such cases, the question arises whether the infringing party should be disgorged of his profits. This volume aims at establishing the notion of disgorgement of profits as a keyword in the discourse of private law. It does not purport to answer the question whether or not such damages should or should not be awarded. It does however aim to contribute to the discussion, the arguments in favour and against, and the organisation of the various actions.

The History of the Contractual Thoughts in Ancient China

Author : Yunsheng Liu
Publisher : Springer Nature
ISBN 13 : 9811557683
Total Pages : 238 pages
Book Rating : 4.8/5 (115 download)

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Book Synopsis The History of the Contractual Thoughts in Ancient China by : Yunsheng Liu

Download or read book The History of the Contractual Thoughts in Ancient China written by Yunsheng Liu and published by Springer Nature. This book was released on 2020-07-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the intellectual history of contract law in ancient China by employing archaeological and empirical methodologies. Divided into five chapters, it begins by reviewing the origin of the contract in ancient China, and analyzing its name, primary form, historical premise and functions. The second chapter discusses free will and lawfulness in the establishment of a contract, offering insights into the impact of contracts on social justice. In turn, the third chapter addresses the inner core of the contract: validity and liability. This allows readers at all levels to identify the similarities and differences between contracts from different eras and different parts of the world, which will also benefit those pursuing comparative research in related fields. Chapters four and five offer a philosophical exploration of contract history in ancient China, and analyze key aspects including human nature and ethical justice.

Insurance Law in China

Author : Johanna Hjalmarsson
Publisher : CRC Press
ISBN 13 : 1317665198
Total Pages : 377 pages
Book Rating : 4.3/5 (176 download)

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Book Synopsis Insurance Law in China by : Johanna Hjalmarsson

Download or read book Insurance Law in China written by Johanna Hjalmarsson and published by CRC Press. This book was released on 2014-11-20 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Chinese insurance market is expanding enormously as risk adversity takes hold in the economy while the role of the State as guarantor of commerce is gradually reduced. In addition, insurance is a heavily regulated field with detailed contract law stipulations. An introduction to regulation and contract law and an understanding of current issues is essential for someone seeking to do business in the Chinese market. Insurance law is also a field that translates well from one jurisdiction to another, and academics will be interested in understanding how issues are dealt with in another jurisdiction. The book seeks to present and discuss current topics in Chinese insurance law and regulation to an English-speaking audience knowledgeable of common law insurance law and international insurance business. The combined effect of the papers is to present Chinese insurance law to an audience unfamiliar with Chinese law, in a readable and accessible essay chapter format. Each chapter is written by an expert in the field and goes beyond a basic introduction to provide in depth well-researched information and academic analysis on the topic in question.

The Roman Law of Obligations

Author : Peter Birks
Publisher :
ISBN 13 : 0198719272
Total Pages : 332 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Roman Law of Obligations by : Peter Birks

Download or read book The Roman Law of Obligations written by Peter Birks and published by . This book was released on 2014 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Roman Law of Obligations presents a series of lectures delivered by the late Peter Birks as an introductory course in Roman law. Discovered in complete manuscript form following his death, the lectures are published here for the first time. The lectures present a clear conceptual map of the Roman law of obligations, guiding readers through the institutional structure of contract, delict, quasi-contract, and quasi-delict. They introduce readers to the terminology needed to understand the foundations of Roman law, and the conceptual framework of the law of obligations that left an enduring legacy on European private law. The lectures offer an invaluable introduction to Roman private law for those coming to the subject for the first time. They will also make stimulating reading for academics and lawyers interested in Roman law, European legal history, and the lasting influence of Roman law on modern private law.