Towards a Chinese civil code : comparative and historical perspectives / edited by Lei Chen, C.H. (Remco) van Rhee.

Format:

Book

Contributor:

Chen, Lei (Lawyer), editor.

Rhee, C. H. van, editor.

Alumni and Friends Memorial Book Fund.

Series:

Chinese and comparative law series ; 2213-4875 v. 1.

Chinese and comparative law series, 2213-4875 ; volume 1

Language:

English

Subjects (All):

Civil law--China.

Civil law.

China.

Civil law--China--Codification.

Physical Description:

xiii, 562 pages ; 24 cm.

Place of Publication:

Leiden : Martinus Nijhoff Publishers, 2012.

Summary:

China is drafting a new civil code and in doing so, Chinese lawmakers are exhibiting an interest in borrowing legislative and legal ideas from other jurisdictions around the world. The authors of this book focus on the historical and comparative legal perspectives that will be needed for the codification. The book is divided into five sections, which are general (including the systematization of the Chinese civil code), property law, contract law, tort law, and civil procedure. The book is well-written and clearly presented. Editors are Chen (law, City U. of Hong Kong) and van Rhee (law, Maastricht U., the Netherlands). Annotation ©2013 Book News, Inc., Portland, OR (booknews.com)

Contents:

Introduction / Lei Chen and Remco van Rhee

The systematization of the Chinese civil code / Liming Wang

From a supplementary legislator to a legitimate judicial lawmaker : on the role of the Supreme People's Court

In developing the law in mainland China / Zhenbao Jin

Factors ensuring the success or failure of draft codifications : some European experiences / Dirk Heirbaut

Years of Chinese property law : looking back and thinking forward / Lei Chen

Can European property law be codified? : towards the development of property notions / Sjef van Erp

A comparative assessment of the provisions of the new Chinese property code on condominiums / Cornelius G. van der Merwe

Conceptualizing the Chinese trust : some thoughts from Europe / Kenneth G.C. Reid

A snapshot of Chinese contract law from an historical and comparative perspective / Shiyuan Han

Codification in Europe and China : what makes contract law special? / Jan M. Smits

Service contracts in Chinese contract law : an approach according to the European Draft Common Frame of Reference / Knut Benjamin Pissler

Third party rights in contract : a case study on codifying and not codifying / Hector L. Macqueen

The bases of liability in Chinese tort liability law-historical and comparative perspectives / Yan Zhu

A common law-like civil law and a public face for private law : China's tort law in comparative perspective

Jacques de lisle

Uncertain causes : the Chinese tort liability law in comparative perspective / Ken Oliphant

Chinese medical negligence law : how to distinguish and accommodate common law principles? / Xiju Zhao

The great spill in the gulf and a sea of pure economic loss : reflections on the boundaries of civil liability / Vernon Valentine Palmer

The position of judges in civil litigation in transitional China : judicial mediation and case management / Yulin Fu and Zhixun Cao

The influence of the 1895 Austrian ZPO in the Netherlands / Cornelis Hendrik (Remco) van Rhee

Judicial case management in France : tradition into modernity about some aspects of contemporary tendencies in French civil procedure / Loic Cadiet.

Notes:

Includes bibliographical references.

Local Notes:

Acquired for the Penn Libraries with assistance from the Alumni and Friends Memorial Book Fund.

ISBN:

9004204873

9789004204874

OCLC:

808421672

Publisher Number:

99956804058