Towards a Chinese civil code : comparative and historical perspectives /
Towards a Chinese civil code : comparative and historical perspectives /
edited by Lei Chen, C.H. (Remco) van Rhee.
- 1 online resource (xiii, 562 pages)
- Chinese and comparative law series ; v. 1 .
- Chinese and Comparative Law Series 1. International Law E-Books Online, Collection 2013, ISBN: 9789004248717. .
Includes bibliographical references and index.
Preliminary Material -- Introduction / The Systematization of the Chinese Civil Code / From a Supplementary Legislator to a Legitimate Judicial Lawmaker / Factors Ensuring the Success or Failure of Draft Codifications / 100 Years of Chinese Property Law / Restructuring Modern Property Law on a Theoretical Basis / Can European Property Law be Codified? / A Comparative Assessment of the Provisions of the New Chinese Property Code on Condominiums / Conceptualizing the Chinese Trust / A Snapshot of Chinese Contract Law from an Historical and Comparative Perspective / Codification in Europe and China: What Makes Contract Law Special? / Service Contracts in Chinese Contract Law / Third Party Rights in Contract / The Bases of Liability in Chinese Tort Liability Law / A Common Law-like Civil Law and a Public Face for Private Law / Uncertain Causes / Chinese Medical Negligence Law / The Great Spill in the Gulf … and a Sea of Pure Economic Loss / The Position of Judges in Civil Litigation in Transitional China / The Influence of the 1895 Austrian ZPO in the Netherlands / Judicial Case Management in France / Lei Chen and C.H. (Remco) van Rhee -- Liming Wang -- Zhenbao Jin -- Dirk Heirbaut -- Lei Chen -- Weiguo Wang -- Sjef van Erp -- Cornelius G. van der Merwe -- Kenneth G.C. Reid -- Shiyuan Han -- Jan M. Smits -- Knut B. Pißler -- Hector L. MacQueen -- Yan Zhu -- Jacques deLisle -- Ken Oliphant -- Xiju Zhao -- Vernon V. Palmer -- Yulin Fu and Zhixun Cao -- C.H. (Remco) van Rhee -- Loïc Cadiet.
Available to subscribing member institutions only.
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.
9789004204881
10.1163/9789004204881 DOI
2012037345
Civil law--China.
Civil law--Codification.--China
KNQ500 / .T69 2012
349.51
Includes bibliographical references and index.
Preliminary Material -- Introduction / The Systematization of the Chinese Civil Code / From a Supplementary Legislator to a Legitimate Judicial Lawmaker / Factors Ensuring the Success or Failure of Draft Codifications / 100 Years of Chinese Property Law / Restructuring Modern Property Law on a Theoretical Basis / Can European Property Law be Codified? / A Comparative Assessment of the Provisions of the New Chinese Property Code on Condominiums / Conceptualizing the Chinese Trust / A Snapshot of Chinese Contract Law from an Historical and Comparative Perspective / Codification in Europe and China: What Makes Contract Law Special? / Service Contracts in Chinese Contract Law / Third Party Rights in Contract / The Bases of Liability in Chinese Tort Liability Law / A Common Law-like Civil Law and a Public Face for Private Law / Uncertain Causes / Chinese Medical Negligence Law / The Great Spill in the Gulf … and a Sea of Pure Economic Loss / The Position of Judges in Civil Litigation in Transitional China / The Influence of the 1895 Austrian ZPO in the Netherlands / Judicial Case Management in France / Lei Chen and C.H. (Remco) van Rhee -- Liming Wang -- Zhenbao Jin -- Dirk Heirbaut -- Lei Chen -- Weiguo Wang -- Sjef van Erp -- Cornelius G. van der Merwe -- Kenneth G.C. Reid -- Shiyuan Han -- Jan M. Smits -- Knut B. Pißler -- Hector L. MacQueen -- Yan Zhu -- Jacques deLisle -- Ken Oliphant -- Xiju Zhao -- Vernon V. Palmer -- Yulin Fu and Zhixun Cao -- C.H. (Remco) van Rhee -- Loïc Cadiet.
Available to subscribing member institutions only.
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.
9789004204881
10.1163/9789004204881 DOI
2012037345
Civil law--China.
Civil law--Codification.--China
KNQ500 / .T69 2012
349.51