Full Description
This book employs deductive and inductive reasoning within traditional civil law normative analysis, supplemented by legal historical sociology research methods, to precisely trace the developmental trajectory and societal operational patterns of the law of obligations. Based on this, it derives both the intrinsic and extrinsic systems of the General Provisions on Obligations. By elucidating the contextual significance and systemic functions of the General Principles of Obligations, this monograph achieves theoretical integration between the Contract Law and Tort Law sections of the Chinese Civil Code, thereby enhancing the code's systemic efficacy. From historical, systemic, and functional perspectives, it comprehensively analyzes the legislative and academic origins of the General Principles, their internal and external frameworks, and their roles in value coordination and normative unification. It simultaneously demonstrates how internal system values achieve coherent integration, how external system efficacy is maximized, and the mediating role of flexible system theory in reconciling conflicts between the two. Furthermore, adopting a micro-level perspective, the book explores the normative functions of the General Principles of Obligations as manifested in doctrines such as unified restitution claims, joint and several liability, and competing claims on a debt. This jurisprudential monograph is intended for civil law scholars worldwide.
Contents
Main Chapters: Introduction: The Civil Code of China Without General Provisions of the Law of Obligations (by Xie Hongfei).- Part I The History of General Provisions of the Law of Obligations.- Chapter 1 The General Academic History of General Provisions of the Law of Obligations: The Theoretical System of General Provisions of the Law of Obligations (by Xie Hongfei).- Chapter 2 The Special Academic History of General Provisions of the Law of Obligations: The Separation of Obligations and Liabilities(by Wang Yuqiao).- Part II The System of General Provisions of the Law of Obligations.- Chapter 1 The External System of General Provisions of the Law of Obligations (by Xie Hongfei, Qiu Guowei).- Chapter 2 The Internal System of General Provisions of the Law of Obligations (by Xie Hongfei).- Chapter 3 The Flexible System of General Provisions of the Law of Obligations (by Xie Hongfei).- Chapter 4 Systemic Functions of General Provisions of the Law of Obligations (by Zhan Shiyuan).- Part III Regulations of General Provisions of the Law of Obligations and their Application.- Chapter 1 General Provisions of the Law of Obligations and Negotiorum Gestio (by Tang Jiajia).- Chapter 2 General Provisions of the Law of Obligations and Unjust Enrichment (by Cao Lijun).- Chapter 3 General Provisions of the Law of Obligations and Construction of Unified Rules on the Right to Claim Restitution (by Meng Tao).
