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

Author: Hongfei Xie
Publisher: Springer-Verlag
ISBN: 9789819597406
Published In: June 2026
Format: Hardback
Jurisdiction: Singapore ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,861.00

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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.

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