Towards a Chinese civil code : comparative and historical perspectives / edited by Lei Chen, C.H. (Remco) van Rhee.
2012
Formats
| Format | |
|---|---|
| BibTeX | |
| MARCXML | |
| TextMARC | |
| MARC | |
| DublinCore | |
| EndNote | |
| NLM | |
| RefWorks | |
| RIS |
Cite
Citation
Items
Details
Title
Towards a Chinese civil code : comparative and historical perspectives / edited by Lei Chen, C.H. (Remco) van Rhee.
Added Author
Imprint
Leiden : Martinus Nijhoff Publishers, 2012.
Description
1 online resource (xiii, 562 pages).
Series
Chinese and comparative law series ; 1.
International Law E-Books Online, Collection 2013, ISBN ; 9789004248717.
International Law E-Books Online, Collection 2013, ISBN ; 9789004248717.
Formatted Contents Note
Preliminary Material
Introduction / Lei Chen and C.H. (Remco) van Rhee
The Systematization of the Chinese Civil Code / Liming Wang
From a Supplementary Legislator to a Legitimate Judicial Lawmaker / Zhenbao Jin
Factors Ensuring the Success or Failure of Draft Codifications / Dirk Heirbaut
100 Years of Chinese Property Law / Lei Chen
Restructuring Modern Property Law on a Theoretical Basis / Weiguo Wang
Can European Property Law be Codified? / 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 / 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 / Knut B. Pißler
Third Party Rights in Contract / Hector L. MacQueen
The Bases of Liability in Chinese Tort Liability Law / Yan Zhu
A Common Law-like Civil Law and a Public Face for Private Law / Jacques deLisle
Uncertain Causes / Ken Oliphant
Chinese Medical Negligence Law / Xiju Zhao
The Great Spill in the Gulf ... and a Sea of Pure Economic Loss / Vernon V. Palmer
The Position of Judges in Civil Litigation in Transitional China / Yulin Fu and Zhixun Cao
The Influence of the 1895 Austrian ZPO in the Netherlands / C.H. (Remco) van Rhee
Judicial Case Management in France / Loïc Cadiet.
Introduction / Lei Chen and C.H. (Remco) van Rhee
The Systematization of the Chinese Civil Code / Liming Wang
From a Supplementary Legislator to a Legitimate Judicial Lawmaker / Zhenbao Jin
Factors Ensuring the Success or Failure of Draft Codifications / Dirk Heirbaut
100 Years of Chinese Property Law / Lei Chen
Restructuring Modern Property Law on a Theoretical Basis / Weiguo Wang
Can European Property Law be Codified? / 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 / 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 / Knut B. Pißler
Third Party Rights in Contract / Hector L. MacQueen
The Bases of Liability in Chinese Tort Liability Law / Yan Zhu
A Common Law-like Civil Law and a Public Face for Private Law / Jacques deLisle
Uncertain Causes / Ken Oliphant
Chinese Medical Negligence Law / Xiju Zhao
The Great Spill in the Gulf ... and a Sea of Pure Economic Loss / Vernon V. Palmer
The Position of Judges in Civil Litigation in Transitional China / Yulin Fu and Zhixun Cao
The Influence of the 1895 Austrian ZPO in the Netherlands / C.H. (Remco) van Rhee
Judicial Case Management in France / Loïc Cadiet.
Summary
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.
Bibliography, etc. Note
Includes bibliographical references and index.
Location
www
Available in Other Form
Print version: Towards a Chinese Civil Code: Comparative and Historical Perspectives Leiden, Boston : Brill | Nijhoff, 2012,
Access Note
Available to subscribing member institutions only.
Linked Resources
Alternate Title
Brill International Law E-Books Online
Language
English
ISBN
9789004204881 (electronic book)
9789004204874 (print)
9789004204874 (print)
Record Appears in