The Making Of The Chinese Civil Code
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The Making Of The Chinese Civil Code
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Author : Hao Jiang
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-14
The Making Of The Chinese Civil Code written by Hao Jiang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-14 with Law categories.
The Chinese Civil Code (2020) is the first ever Civil Code in mainland China since 1949. In addition to the consolidation of existing civil legislations, the Code incorporated a number of doctrinal and structural changes that are significant both in and beyond China. The chapters in this volume demonstrate the extent of European influence in Chinese Civil Law and also shows how Chinese law innovates upon those influences. The book shares the insights from both the key Chinese scholars who were directly involved in the drafting process and veteran Western scholars who study Chinese private law.
Towards A Chinese Civil Code
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Author :
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-13
Towards A Chinese Civil Code written by and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-11-13 with Law categories.
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.
The Making Of The Chinese Civil Code
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Author : Hao Jiang
language : en
Publisher: Cambridge University Press
Release Date : 2023-09-14
The Making Of The Chinese Civil Code written by Hao Jiang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-14 with Law categories.
This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.
Comparative Perspectives On The Chinese Civil Code
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Author : Meiling Huang
language : en
Publisher: Taylor & Francis
Release Date : 2024-03-05
Comparative Perspectives On The Chinese Civil Code written by Meiling Huang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-05 with Law categories.
This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.
The Chinese Civil Code In The Global Legal Order
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Author : Mauro Bussani
language : en
Publisher: BRILL
Release Date : 2024-07-29
The Chinese Civil Code In The Global Legal Order written by Mauro Bussani and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-07-29 with Law categories.
This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People’s Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
Legal Reform In The Contemporary Socialist World
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Author : Ngoc Son Bui
language : en
Publisher: Oxford University Press
Release Date : 2024-08-27
Legal Reform In The Contemporary Socialist World written by Ngoc Son Bui and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-08-27 with Law categories.
Legal Reform in the Contemporary Socialist World explores four decades of legal reform in the socialist countries of China, Vietnam, Laos, North Korea, and Cuba from a comparative perspective. Spanning the late 1970s to the present, it examines various projects, methods, strategies, contents, driving forces, and limitations of legislative reform, administrative reform, judicial reform, and reform of the legal profession. Legal reform in these countries is the project of the political elite to improve the legal system while retaining its core socialist principles. It is carried out through legislative enactments, amendments, and replacements, which the political elite adopt using incremental strategies to reform the legal system sporadically or systematically. Socialist legal reform is animated by the political aspiration to create the rule of law, the impact of social-economic change, and the influence of transnational and comparative law. Despite significant reforms, the socialist principles of the legal systems in these countries largely remain intact. This legal reform, however, varies considerably by country. Legal Reform in the Contemporary Socialist World offers a holistic view of understudied jurisdictions in comparative law, essential for anyone studying or working in these areas in law, politics, or policy.
Realms Of Freedom In Modern China
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Author : William C. Kirby
language : en
Publisher: Stanford University Press
Release Date : 2004
Realms Of Freedom In Modern China written by William C. Kirby and has been published by Stanford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Social Science categories.
The fifteenth and final volume of the series The Making of Modern Freedom, this book explores a variety of issues surrounding questions of human rights and freedom in China. The chapters suggest very significant realms of freedom, with or without the protection of law, in the personal, social, and economic lives of people in China before the twentieth century. This was recognized, and partly codified, in the early twentieth century, when legal experts sought to establish a republic of laws and limits. The process of legal reform, however, would be placed firmly in the service of strengthening the post-imperial Chinese nation-state, culminating after 1949 in despotism unparalleled in Chinese history. Nevertheless, the last decades of the twentieth century and the first years of our own would witness a slow, steady, but unmistakable reassertion of realms of personal and communal autonomy that show, even in an era of strong states, at least the prospect of institutionalized freedoms.
Comparative Space Law
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Author : Sirio Zolea
language : en
Publisher: BRILL
Release Date : 2025-02-03
Comparative Space Law written by Sirio Zolea and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-02-03 with Law categories.
This book approaches space law from the angle of legal comparison. In a new phase of exploration and exploitation of outer space characterised by an increasing presence and role of commercial entities, problems inherent in systems of private law arise in a special context and require specific legal answers. Through a comparative method, this book systematises the complex legal spacescape concerning some fundamental concepts rooted in the various national systems of private law: natural and legal persons, property rights, liability, contracts, and securities. These analyses form a handbook of private law in the context of outer space.
Rethinking Unjust Enrichment
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Author : Warren Swain
language : en
Publisher: Oxford University Press
Release Date : 2024-01-07
Rethinking Unjust Enrichment written by Warren Swain and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-01-07 with Law categories.
This inter-disciplinary volume brings together scholars from across the globe to challenge the dominant position of unjust enrichment and suggest more satisfactory alternatives. Rethinking Unjust Enrichment includes a broad range of voices from the UK, US, Australia, Canada, China, Singapore, Germany, Ireland, New Zealand, Hong Kong, and South America. The book includes voices of sceptics who think that the current unjust enrichment doctrine must be seriously qualified and others who think that it should be eliminated altogether. The contributions cast doubt on the various parameters of unjust enrichment from an analytical standpoint, representing four interrelated perspectives: history, sociology, doctrine, and theory. The four-limb structure of the book provides readers with a clear understanding of the current problems of unjust enrichment at the deepest levels of its history, sociological forces, doctrinal fallacies, and normative deficiencies. This treatment of the subject serves as the basis for a comprehensive reform across jurisdictions. Comprehensive and multi-faceted, Rethinking Unjust Enrichment is interesting to both sceptics and supporters of the unjust enrichment. It facilitates a critical and constructive dialogue between the two.
Chinese Law Context And Transformation
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Author : Jianfu Chen
language : en
Publisher: BRILL
Release Date : 2015-12-04
Chinese Law Context And Transformation written by Jianfu Chen and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-04 with Law categories.
China has changed and the continuing changes have not just been about economic development. Among the many transformations there has been another quiet, peaceful, and largely successful (but far from perfect) ‘revolution’ in the area of law, whose deficiencies have been more often mercilessly examined and documented than have its historical achievements and significance. This legal ‘revolution’ is the subject matter of the present book. Like the previous edition in 2008, it examines the historical and politico-economic context in which Chinese law has developed and transformed, focusing on the underlying factors and justifications for the changes. It attempts to sketch the main trends in legal modernisation in China, offering an outline of the principal features of contemporary Chinese law and a clearer understanding of its nature from a developmental perspective. It provides comprehensive coverage of topics: ‘legal culture’ and modern law reform, constitutional law, legal institutions, law-making, administrative law, criminal law, criminal procedure law, civil law, property, family law, contracts, torts, law on business entities, securities, bankruptcy, intellectual property, law on foreign investment and trade, Chinese investment overseas, dispute settlement and implementation of law. Fully revised, updated and considerably expanded, this edition of Chinese Law: Context and Transformation is a valuable and important resource for researchers, policy-makers and teachers alike.