Abstract

AbstractChapter 3 concluded that the goal of the Chinese law of unjust enrichment is to fill the gaps where other areas of law fail to reverse benefits obtained without a legal basis to compensate for another’s loss in order to achieve fairness. This provokes the very essential question that should be asked first, i.e. if and where related gaps that the law of unjust enrichment is supposed to fill actually exist. This chapter therefore aims to explore the potential ‘gap scenarios’, i.e. scenarios where the law of unjust enrichment provides the sole legal basis to reverse benefits obtained without a legal basis. It questions whether the Chinese legal system needs a law of unjust enrichment to deal with gaps of this kind.

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