Contract Law

The General Provisions of the Law of Obligations: History, System and Functions

By Hongfei Xie
Coming Soon Springer-Verlag Available August 2026

Specifications

ISBN-13
9789819597406
Publisher
Springer-Verlag
Publication
August 2026
Format
Hardback
Jurisdiction
Singapore ? Countri(es) for reference only

Details

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.

Table of Contents

Introduction: The Civil Code of China Without General Provisions of the Law of Obligations
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
Xie Hongfei
Chapter 2 The Special Academic History of General Provisions of the Law of Obligations: The Separation of Obligations and Liabilities
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
Xie Hongfei, Qiu Guowei
Chapter 2 The Internal System of General Provisions of the Law of Obligations
Xie Hongfei
Chapter 3 The Flexible System of General Provisions of the Law of Obligations
Xie Hongfei
Chapter 4 Systemic Functions of General Provisions of the Law of Obligations
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
Tang Jiajia
Chapter 2 General Provisions of the Law of Obligations and Unjust Enrichment
Cao Lijun
Chapter 3 General Provisions of the Law of Obligations and Construction of Unified Rules on the Right to Claim Restitution
Meng Tao
HKD 1,861.00

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