Law of Unjust Enrichment in China: Necessary or Not?

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 “China’s New Charity Law: A New Era of Charitable Trusts,” Trusts & Trustees 24 (8) 2018, pp 768–777.

• 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