Comparative Perspectives On The Chinese Civil Code

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.

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.

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.

This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.

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.

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.

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.