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Author: Meiling Huang (Law professor)
Publisher:
ISBN: 9781032543659
Category : Property
Languages : en
Pages : 0
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Book Description
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 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 systems of property. 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 in perspectives from other jurisdictions, and provide an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished as well as 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.
Author: Meiling Huang (Law professor)
Publisher:
ISBN: 9781032543659
Category : Property
Languages : en
Pages : 0
Get Book
Book Description
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 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 systems of property. 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 in perspectives from other jurisdictions, and provide an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished as well as 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.
Author:
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204881
Category : Law
Languages : en
Pages : 576
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Book Description
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.
Author: Jianfu Chen
Publisher: BRILL
ISBN: 9004420851
Category : Law
Languages : en
Pages : 352
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Book Description
This book is an in-depth, comparative study of the nature of civil and commercial law and of its development in the PRC. It focuses on the very complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in the PRC. It also analyses the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides fresh insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in the PRC. The book is a valuable reference source for scholars who wish to explore the fascinating subject of the transformation of civil and commercial law in contemporary China.
Author: Hao Jiang
Publisher: Cambridge University Press
ISBN: 1009336649
Category : Law
Languages : en
Pages : 349
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Book Description
This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.
Author: Yuwen Li
Publisher: BRILL
ISBN: 9047415868
Category : Law
Languages : en
Pages : 470
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Book Description
Understanding and exercising the right to freedom of association, in a modern sense, is a relatively new phenomenon in China. The reform of ‘old’ social organizations and the emergence of new, privately-initiated, non-profit organizations only began to occur in the 1980s, and such organizations continued to expand throughout the 1990s. Within a short period these new organizations have become a vibrant force in Chinese society. This unique volume – the first book in English to offer systematic and critical research in this field - is the outcome of a three-year research project on the Legal Aspects of Social Organisations in China. The main aim of the project was to encourage Chinese researchers to deepen their knowledge and understanding of the current status of social organizations in China, and to allow them to explore possible ways of creating a friendly legal environment conducive to the exercise of the right to freedom of association. The book contains some of the best results of the Chinese researchers’ work and papers presented by European experts at two international seminars, organized jointly by the Institute of Law of Chinese Academy of Social Sciences and Law Faculty of Utrecht University, The Netherlands. The contributions of the European experts explore different systems of regulation that have developed, and which are accommodated within the legal framework and traditions of each particular country. The aim of the volume is to stimulate international understanding of the progress made by China and the dilemmas it still faces with respect to its emerging new civil society organizations.
Author: Mauro Bussani
Publisher: Brill Nijhoff
ISBN: 9789004704411
Category : Law
Languages : en
Pages : 0
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Book Description
The essays collected in this volume analyze the internal and external impact of the Chinese Civil Code that came into force in 2021, offering a unique contribution to the English-speaking literature on Chinese law, legal reform, and comparative law.
Author: Durham Law School
Publisher: BRILL
ISBN: 9004468285
Category : Business & Economics
Languages : en
Pages : 477
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Book Description
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author: Thomas M. J. Möllers
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783848747450
Category : Civil law
Languages : de
Pages : 0
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Book Description
China has become a global player in the world economy. Therefore, reforming Chinese Civil Law in order for it to be able to compete with other countries with a modernised civil law system was inevitable. The first step in its process of implementing complete civil codification was the adoption of the General Rules of Civil Law in March 2017. The conference organised by the Chinese Law Association of Augsburg in July 2017 dealt with this important topic. During the congress, Chinese and German jurists compared differences and similarities between the civil law systems in China and Germany, and focused on the sub-areas of general law principles, natural persons and corporate entities, the law of declarations of intent and liability law. This compilation of the conference proceedings presents the results of their comparative discussion. From their perspective, both Chinese and German law experts state their opinion on the new General Rules. In addition, this book includes a complete translation of those General Rules in both English and German.
Author: Ulrich von Alemann
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3110720353
Category : Law
Languages : en
Pages : 362
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Book Description
This book is the result of the first interdisciplinary conference in Vietnam which took place on "the Rule of Law." Instead of beginning immediately with a highly specialized debate from the perspective of one single academic discipline, we started to discuss numerous facets of the subject arising from a multidisciplinary dialogue. For this reason, the contributions for this publication come from various scientific disciplines in Vietnam and Germany: political, historical, social, economic and legal sciences, but also members of Vietnamese governmental and non-governmental organizations. The aim of the volume is to open up a dialogue about the Rule of Law between two very different legal cultures, the German-European and the Vietnamese-Southeast Asian.
