Principles of Debt Law (Volume 2)

Author: Wang Zejian
Publisher:
Publish Date: 2002-05-01
Features: My book on unjust enrichment was first published in 1990. In 2000, I wrote a long preface to comprehensively discuss the changes in case law and academic theories thereafter. This is a comprehensive revision that incorporates recent practical cases, supplements new literature, re-examines controversial issues, strengthens theoretical arguments, and adds appendices, increasing the length by over 200 pages. Although I have strived for thoroughness, errors are inevitable. I sincerely welcome readers' corrections. Regarding unjust enrichment, the current Civil Code stipulates five abstract and general provisions (Articles 179 to 183). Since the implementation of the Civil Code, the Supreme Court has issued 72 judgments, with thousands of related rulings (please refer to the Judicial Data Retrieval page of the Supreme Court for details). These have accumulated a wealth of valuable experience and wisdom, making the law of unjust enrichment a living law. This book aims to organize and analyze case law and academic theories to construct a theoretical framework for the law of unjust enrichment. Originally, I planned to write another book on case law of unjust enrichment, selecting relevant judgments from the Federal Court of Germany for comparison, in order to conduct comparative research and gain a deeper insight into the practical operation of the law of unjust enrichment (Law in Action), as well as to understand different adjudicative styles and argumentation methods. The initial task proved more challenging than anticipated, so I will temporarily set it aside and compile the case system of the law of unjust enrichment as Appendix (1), allowing it to correspond with the content of this book to some extent, thereby giving this book a dual function of textbook and case law. This is a new attempt in methodology, hoping to combine theory and practice to contribute to the research and development of the law of unjust enrichment.