Comparative Perspectives on the Chinese Civil Code

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Publisher :
ISBN 13 : 9781032543659
Total Pages : 0 pages
Book Rating : 4.5/5 (436 download)

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Book Synopsis Comparative Perspectives on the Chinese Civil Code by : Meiling Huang (Law professor)

Download or read book Comparative Perspectives on the Chinese Civil Code written by Meiling Huang (Law professor) and published by . This book was released on 2024 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Towards a Chinese Civil Code

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004204873
Total Pages : 577 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Towards a Chinese Civil Code by : Lei Chen

Download or read book Towards a Chinese Civil Code written by Lei Chen and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

From Administrative Authorisation to Private Law

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Publisher : BRILL
ISBN 13 : 9004420851
Total Pages : 352 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis From Administrative Authorisation to Private Law by : Jianfu Chen

Download or read book From Administrative Authorisation to Private Law written by Jianfu Chen and published by BRILL. This book was released on 2023-07-24 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Making of the Chinese Civil Code

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Publisher : Cambridge University Press
ISBN 13 : 1009336649
Total Pages : 349 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis The Making of the Chinese Civil Code by : Hao Jiang

Download or read book The Making of the Chinese Civil Code written by Hao Jiang and published by Cambridge University Press. This book was released on 2023-09-30 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.

The Chinese Civil Code in the Global Legal Order

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Publisher : Brill Nijhoff
ISBN 13 : 9789004704411
Total Pages : 0 pages
Book Rating : 4.7/5 (44 download)

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Book Synopsis The Chinese Civil Code in the Global Legal Order by : Mauro Bussani

Download or read book The Chinese Civil Code in the Global Legal Order written by Mauro Bussani and published by Brill Nijhoff. This book was released on 2024-09-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Freedom of Association in China and Europe

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Publisher : BRILL
ISBN 13 : 9047415868
Total Pages : 470 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Freedom of Association in China and Europe by : Yuwen Li

Download or read book Freedom of Association in China and Europe written by Yuwen Li and published by BRILL. This book was released on 2005-11-01 with total page 470 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Civil Code of the People’s Republic of China

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Publisher : BRILL
ISBN 13 : 9004468285
Total Pages : 477 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis The Civil Code of the People’s Republic of China by : Durham Law School

Download or read book The Civil Code of the People’s Republic of China written by Durham Law School and published by BRILL. This book was released on 2021-10-18 with total page 477 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Chinese Family Law and Social Change in Historical and Comparative Perspective

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Author :
Publisher :
ISBN 13 :
Total Pages : 2224 pages
Book Rating : 4.:/5 (418 download)

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Book Synopsis Chinese Family Law and Social Change in Historical and Comparative Perspective by : David C. Buxbaum

Download or read book Chinese Family Law and Social Change in Historical and Comparative Perspective written by David C. Buxbaum and published by . This book was released on 1968* with total page 2224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The State of Law

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Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110720353
Total Pages : 362 pages
Book Rating : 4.1/5 (17 download)

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Book Synopsis The State of Law by : Ulrich von Alemann

Download or read book The State of Law written by Ulrich von Alemann and published by Walter de Gruyter GmbH & Co KG. This book was released on 2017-09-30 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The General Rules of Chinese Civil Law

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Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783848747450
Total Pages : 0 pages
Book Rating : 4.7/5 (474 download)

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Book Synopsis The General Rules of Chinese Civil Law by : Thomas M. J. Möllers

Download or read book The General Rules of Chinese Civil Law written by Thomas M. J. Möllers and published by Nomos Verlagsgesellschaft. This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Comparative Perspectives on the Chinese Civil Code

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Publisher : Taylor & Francis
ISBN 13 : 1003859305
Total Pages : 176 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Comparative Perspectives on the Chinese Civil Code by : Meiling Huang

Download or read book Comparative Perspectives on the Chinese Civil Code written by Meiling Huang and published by Taylor & Francis. This book was released on 2024-03-05 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Great Legal Traditions

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Publisher :
ISBN 13 : 9781594609572
Total Pages : 676 pages
Book Rating : 4.6/5 (95 download)

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Book Synopsis Great Legal Traditions by : John Warren Head

Download or read book Great Legal Traditions written by John Warren Head and published by . This book was released on 2011 with total page 676 pages. Available in PDF, EPUB and Kindle. Book excerpt: Great Legal Traditions: Civil Law, Common Law, and Chinese Law in Historical and Operational Perspective draws on the nearly thirty years of experience that the author has accumulated from working in and writing about a variety of legal systems around the world. After an introduction to the underlying concepts and values of comparative legal studies, Head embarks on a brisk six-chapter survey of European civil law, English and American common law, and Chinese law (both dynastic and contemporary). Each legal tradition is divided into two perspectives — first historical and then operational. Numerous illustrations and biographical sketches bring the historical surveys to life, thereby setting the stage for a close examination of several key attributes of representative legal systems in each of the three traditions. Head's "operational" topics include sources of law, the role and training of lawyers, the division of court jurisdiction, constitutional review, the role of codification, and more — and he gives special attention to comparative criminal procedure. Great Legal Traditions is designed primarily for use in law schools and other graduate programs in comparative history, international relations, and both European and Chinese area studies, but the book is also written to be accessible to a more general readership. The main text is supplemented with numerous appendices that serve in place of a documents supplement. A teacher's manual is also available with guidance on each of the study questions that Head places at the beginning of each chapter (roughly 200 study questions in all). The teacher's manual also provides guidance (and confidence) to instructors not already familiar with Chinese law and history.

Chinese Family Law and Social Change in Historical and Comparative Perspective

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Publisher : Seattle : University of Washington Press
ISBN 13 : 9780295954486
Total Pages : 553 pages
Book Rating : 4.9/5 (544 download)

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Book Synopsis Chinese Family Law and Social Change in Historical and Comparative Perspective by : David C. Buxbaum

Download or read book Chinese Family Law and Social Change in Historical and Comparative Perspective written by David C. Buxbaum and published by Seattle : University of Washington Press. This book was released on 1978 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of papers delivered (and discussed) at a conference sponsored by the University of Washington Law School in August 1968.

Ruling Before the Law

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Publisher : Cambridge University Press
ISBN 13 : 1108427200
Total Pages : 321 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Ruling Before the Law by : William Hurst

Download or read book Ruling Before the Law written by William Hurst and published by Cambridge University Press. This book was released on 2018-04-19 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Building on extensive fieldwork in China and Indonesia, Hurst offers a valuable comparison of legal systems in practice.

Contract Law in China

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Publisher :
ISBN 13 :
Total Pages : 636 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Contract Law in China by : Bing Ling

Download or read book Contract Law in China written by Bing Ling and published by . This book was released on 2002 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Civil Litigation in China and Europe

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Publisher : Springer Science & Business Media
ISBN 13 : 9400776667
Total Pages : 362 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Civil Litigation in China and Europe by : C.H. (Remco) van Rhee

Download or read book Civil Litigation in China and Europe written by C.H. (Remco) van Rhee and published by Springer Science & Business Media. This book was released on 2013-12-03 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume addresses the role of the judge and the parties in civil litigation in mainland China, Hong Kong and various European jurisdictions. It provides an overview and an analysis of how these respective roles have been changed in order to cope with growing caseloads and quality demands. It also shows the different approaches chosen in the jurisdictions covered. Mainland China is introducing far-reaching reforms in its system of civil litigation. From an inquisitorial procedure, in which the parties play a relatively minor role, the country is changing to a more adversarial system with increased powers for the parties. At the same time, case management and the role of the judge as it is understood in mainland China remains different from case management and the role of the judge in Western countries, mainly as regards the limited powers of individual Chinese judges in this respect. Changes in China are justified by the ever-increasing case load of the Chinese courts and the consequent inability to deal with cases in an adequate manner, even though generally speaking Chinese courts still adjudicate civil cases within a relatively short time frame (this may, however, be problematic when viewed from the perspective of the quality of adjudication). Growing caseloads and quality concerns may also be observed in various European states and Hong Kong. In these jurisdictions the civil procedural systems have a relatively adversarial character and it is some of the adversarial features of the existing systems of procedure which are felt to be problematic. Therefore, the lawmakers have opted for increasing the powers of the judge, often making the judge and the parties mutually responsible for the proper conduct of civil cases. Starting from opposite directions, mainland China and the various European states and Hong Kong could meet half way in their reform attempts. This is, however, only possible if a proper understanding is fostered of the developments in these different parts of the World. Even though in both China and Europe the academic community and lawmakers are showing a keen interest in the relevant developments abroad, a study addressing the role of the judge and the parties in civil litigation in both China and Europe is still missing. This book aims to fill this gap in the existing literature.

The Judicial System and Reform in Post-Mao China

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Publisher : Ashgate Publishing, Ltd.
ISBN 13 : 1472436075
Total Pages : 305 pages
Book Rating : 4.4/5 (724 download)

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Book Synopsis The Judicial System and Reform in Post-Mao China by : Dr Yuwen Li

Download or read book The Judicial System and Reform in Post-Mao China written by Dr Yuwen Li and published by Ashgate Publishing, Ltd.. This book was released on 2014-11-28 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive study examines the development and changing characteristics of the judicial system and reform process over the past three decades in China. As the role of courts in society has increased so too has the amount of public complaints about the judiciary. At the same time, political control over the judiciary has retained its tight-grip. The shortcomings of the contemporary system, such as institutional deficiencies, shocking cases of injustice and cases of serious judicial corruption, are deemed quite appalling by an international audience. Using a combination of traditional modes of legal analysis, case studies, and empirical research, this study reflects upon the complex progress that China has made, and continues to make, towards the modernisation of its judicial system. Li offers a better understanding on how the judicial system has transformed and what challenges lay ahead for further enhancement. This book is unique in providing both the breadth of coverage and yet the substantive details of the most fundamental as well as controversial subjects concerning the operation of the courts in China.