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Towards A Chinese Civil Code


Towards A Chinese Civil Code
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Towards A Chinese Civil Code


Towards A Chinese Civil Code
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Author : Lei Chen
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2012-11-13

Towards A Chinese Civil Code written by Lei Chen 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. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.



Towards A Chinese Civil Code


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.



Chinese Contract Law


Chinese Contract Law
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Author : Larry A. DiMatteo
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-26

Chinese Contract Law written by Larry A. DiMatteo 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 2017-10-26 with Law categories.


A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.



Chinese Contract Law Theory Practice Second Edition


Chinese Contract Law Theory Practice Second Edition
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Author : Mo Zhang
language : en
Publisher: BRILL
Release Date : 2019-12-16

Chinese Contract Law Theory Practice Second Edition written by Mo Zhang and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-12-16 with Law categories.


Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.



Contract Law In China


Contract Law In China
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Author : Bing Ling
language : en
Publisher:
Release Date : 2002

Contract Law In China written by Bing Ling and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Contracts categories.




Code Custom And Legal Practice In China


Code Custom And Legal Practice In China
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Author : Philip C. Huang
language : en
Publisher: Stanford University Press
Release Date : 2001

Code Custom And Legal Practice In China written by Philip C. Huang 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 2001 with Law categories.


What changes occurred and what remained the same in Chinese civil justice from the Qing to the Republic? Drawing on archival records of actual cases, this study provides a new understanding of late imperial and Republican Chinese law. It also casts a new light on Chinese law by emphasizing rural areas and by comparing the old and the new.



Civil Law In Qing And Republican China


Civil Law In Qing And Republican China
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Author :
language : en
Publisher: Stanford University Press
Release Date : 1994-08

Civil Law In Qing And Republican China written by 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 1994-08 with Law categories.


The opening of local archives to Western scholars in the 1980's has provided the basis for this reexamination of civil law in Qing and Republican China. This pathbreaking volume demonstrates that, contrary to previous scholarly understanding, Qing and Republican courts dealt extensively with such civil matters as land rights, debt, marriage, and inheritance, and did so with striking consistency and in conformity with the written code.



The Scope And Structure Of Civil Codes


The Scope And Structure Of Civil Codes
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Author : Julio César Rivera
language : en
Publisher: Springer Science & Business Media
Release Date : 2014-02-04

The Scope And Structure Of Civil Codes written by Julio César Rivera and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-04 with Law categories.


This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.



Civil Justice In China


Civil Justice In China
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Author : Philip C. C. Huang
language : en
Publisher:
Release Date : 2022

Civil Justice In China written by Philip C. C. Huang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022 with LAW categories.


To what extent do newly available case records bear out our conventional assumptions about the Qing legal system? Is it true, for example, that Qing courts rarely handled civil lawsuits--those concerned with disputes over land, debt, marriage, and inheritance--as official Qing representations led us to believe? Is it true that decent people did not use the courts? And is it true that magistrates generally relied more on moral predilections than on codified law in dealing with cases? Based in large part on records of 628 civil dispute cases from three counties from the 1760's to the 1900's, this book reexamines those widely accepted Qing representations in the light of actual practice. The Qing state would have had us believe that civil disputes were so "minor" or "trivial" that they were left largely to local residents themselves to resolve. However, case records show that such disputes actually made up a major part of the caseloads of local courts. The Qing state held that lawsuits were the result of actions of immoral men, but ethnographic information and case records reveal that when community/kin mediation failed, many common peasants resorted to the courts to assert and protect their legitimate claims. The Qing state would have had us believe that local magistrates, when they did deal with civil disputes, did so as mediators rather than judges. Actual records reveal that magistrates almost never engaged in mediation but generally adjudicated according to stipulations in the Qing code.



The Making Of The Chinese Civil Code


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.