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Towards a Chinese Civil Code: Comparative and Historical Perspectives

✍ Scribed by Lei Chen (editor), C.H. (Remco) van Rhee (editor)

Publisher
Martinus Nijhoff
Year
2012
Tongue
English
Leaves
577
Series
Chinese and Comparative Law; 1
Category
Library
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✦ Synopsis

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.

✦ Table of Contents

Contents
acknowledgements
List of Contributors
introduction
Lei Chen and C.H. (Remco) van Rhee
GENERAL
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
Property Law
100 Years of Chinese Property Law: Looking Back and Thinking Forward
Lei Chen
restructuring Modern Property Law on a Theoretical Basis
Weiguo Wang
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
Contract Law
A Snapshot of Chinese Contract Lawfrom 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 B. Pißler
third party rights in contract: A case study on codifying and not codifying
Hector L. MacQueen
Tort Law
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 deLisle
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 V. Palmer
Civil Procedure
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
C.H. (Remco) van Rhee
Judicial Case Management in France—Tradition into Modernity: About some aspects of contemporary tendencies in French civil procedure
Loïc Cadiet

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