The Making of the Chinese Civil Code

Erscheinungsjahr 2023
ISBN: 978-1-009-33664-2
Verlag: Cambridge University Press

Buch, Englisch, 350 Seiten, Format (B × H): 152 mm x 229 mm, Gewicht: 635 g

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.

Autoren/Hrsg.

Jiang, Hao

Sirena, Pietro

Inhaltsverzeichnis

1. The making of a civil code in China: promises and perils of a new civil law Hao Jiang; 2. Personality rights in China's new civil code: a response to increasing awareness of rights in an era of evolving technology Liming Wang and Bingwan Xiong; 3. Force majeure or change of circumstances: an enduring dichotomy in Chinese law? Qiao Liu; 4. Art. 580 (2) of the Chinese civil code: can the Chinese folk medicine cure serious illness? Shiyuan Han; 5. Contractual consent in the new Chinese civil code Catherine Valcke; 6. The security interests in Chinese law: some nuances Lei Chen; 7. Chinese tort law in the era of the civil code Chunyan Ding; 8. Causation in the Chinese civil code: a comparative law appraisal Marta Infantino and Weiwei Wang; 9. The aims of tort law across China and the west Mauro Bussani; 10. Classifying the passive appreciation of separate property during marriage in the Chinese civil code: a legal and economic analysis Jian He; 11. The rule of law in traditional China James Gordley; 12. The private law influence of the great Qing code Taisu Zhang; 13. The new validity rules in Chinese civil code and Chinese state-owned enterprises' freedom in contracting: one step too far Hao Jiang and Antonia von Appen; 14. Chinese civil law and soviet influences: what is left? Gianmaria Ajani; 15. The connections between roman law and Chinese civil law: traditions, innovations and environmental protection Enrico Toti; Index.

Über Autor(innen)

Sirena, Pietro
Pietro Sirena is Professor of Civil Law, European Private Law, and Comparative Private Law at Bocconi University, where, since 2018, he serves as Dean of the Law School. He also serves on the Executive Committee of the European Law Institute (ELI) and as Director of the Società Italiana per la Ricerca nel Diritto Comparato (SIRD). In 2022, he was elected President of the Society of European Contract Law (SECOLA); in 2018, membre associé of the Académie International de Droit Comparé (AIDC).

Jiang, Hao
Hao Jiang is Assistant Professor of Comparative Private Law at Bocconi University. He has written about Chinese, European and American private law from a comparative perspective. He also writes about contract theory. With James Gordley, he co-authored the Introduction to the Comparative Study of Private Law (2021).