INTRODUCTION
The new Chinese Civil Code (‘CCC’) seems to give one the impression that a brand new, and relatively complete, law of unjustified enrichment has just emerged in China. The new scheme, occupying the entirety of Chapter 29 ‘Unjustified Enrichment’ (Book III ‘Contract’ Part 3 ‘Quasi-Contract’) and consisting of four articles (Articles 985-988), certainly represents one of the most significant changes introduced with the enactment of the Code. Yet, to say that those provisions are new to the Chinese legal system is misleading, for it overlooks a vast body of foundational jurisprudence developed over the years by the Chinese judiciary. One striking feature attending to the development of the Chinese law of unjustified enrichment, which continues to this day, has indeed been the tension between a short supply of legislative rules and a huge demand, demonstrated in the judicial practice, for more rules and clearer guidance …
Liu, Qiao, Unjustified Enrichment in China: An Uncertain Path (January 15, 2024) in Shaping the Law of Obligations: Essays in Honour of Professor Ewan McKendrick QC (Oxford University Press, 2023); City University of Hong Kong School of Law Legal Studies Research Paper No 2024(1)-001.
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