The Chinese Civil Code in the Global Legal Order
Inner and Outer Perspectives
Published on 1. August 2024
Book
Hardback
424 pages
978-90-04-70441-1 (ISBN)
Description
This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the People's Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
More details
Series
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
sewn/stitched
Cloth over boards
Dimensions
Height: 241 mm
Width: 159 mm
Thickness: 27 mm
Weight
757 gr
ISBN-13
978-90-04-70441-1 (9789004704411)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Persons
Mauro Bussani is Full Professor of Comparative Law, Law Department, Trieste University, Trieste, Italy, and Adjunct Professor, Law School, University of Macau, Macau, SAR of the People's Republic of China.
Ivan Cardillo is Adjunct Professor, chair of Chinese Law, Trento University Law School, Italy; Adjunct Professor, China University of Political Science and Law, People's Republic of China; Senior Advisor, 'Faren' Think Tank, Chinese Government Ministry of Justice; and Director of the Institute of Chinese Law, Italy.
Marta Infantino is Associate Professor of Comparative Law, Department of Political Science, Trieste University, Trieste, Italy.
Xue Jun is Full Professor, Peking University Law School, Beijing, People's Republic of China.
Ivan Cardillo is Adjunct Professor, chair of Chinese Law, Trento University Law School, Italy; Adjunct Professor, China University of Political Science and Law, People's Republic of China; Senior Advisor, 'Faren' Think Tank, Chinese Government Ministry of Justice; and Director of the Institute of Chinese Law, Italy.
Marta Infantino is Associate Professor of Comparative Law, Department of Political Science, Trieste University, Trieste, Italy.
Xue Jun is Full Professor, Peking University Law School, Beijing, People's Republic of China.
Content
Note on Contributors
Part 1?
The Overall Framework of the Chinese Civil Code?
1?The Chinese Civil Code in Comparative Perspective
??Mauro? ?Bussani?? and ??Marta? ?Infantino?????
2?The Chinese Way to the Civil Code
??Ivan? ?Cardillo?????
3?Highlighting the Significance of the Chinese Civil Code
????? Wang? ?Liming??????
Part 2?
The Inner Contents of the Chinese Civil Code?
4?The General Part of the Civil Code of the prc
????Xue? ?Jun?????
5?Comparative Perspectives on the General Part of the Chinese Civil Code
??Pascal? ?Pichonnaz?????
6?Reshaping Chinese Real Right Law through the New Chinese Civil Code
?????Zhu? ?Xiaozhe?????
7?The New Chinese Civil Code: Outer Perspectives
??Sjef? ?van Erp?????
8?An Introduction to the Book on Contracts of the Civil Code of the prc
??Han? ?Shiyuan?????
9?Comparative Perspectives on the Book on Contracts
??Umberto? ?Celli Jr?? and ??Ligia Espolaor? ?Veronese?????
10?Ambitious Goals for the Book on Personality Rights of the Chinese Civil Code
?????Zhang? ?Jiayong?????
11?Comparative Perspectives on the Book on Personality Rights
??Ken? ?Oliphant?????
12?Formation of the Book of Marriage and Family of Chinese Civil Code, from a Historical Perspective: A Mixture of more Endogenous Resources and less Elements Transplanted from other Civil Law Countries
?????Xu? ?Diyu?????
13?Marriage and Family in the Civil Code of the prc
??Nicoletta? ?Patti?? and ??Antonello? ?Miranda?????
14?The Innovations of Succession Part in the Civil Code of the People's Republic of China
????Wang? ?Yang?? and ??????Yin? ?Siyu?????
15?Comparative Perspectives on the Book on Inheritance
??Grzegorz J.? ?Blicharz?????
16?The Structure and Contents of the Book on Tort Liability of the Chinese Civil Code
?????Fang? ?Xinjun?????
17?A Swiss Perspective on the Book on Tort Liability of the Chinese Civil Code
??Franz? ?Werro??????
Part 3?
The Outer Significance of the Chinese Civil Code?
18?The Significance of the Chinese Civil Code in the Special Administrative Regions of Macao and Hong Kong
??Tong Io? ?Cheng?????
19?Legal Musings about Environmental Jurisprudence in the Civil Code of China and India: Peeking through a Tortious Liability Lens
??Manjeri Subin Sunder? ?Raj?? and ??Ujal Kumar? ?Mookherjee?????
20?The 2020 Chinese Civil Code
??William E.? ?Butler?????
21?The Significance of the Chinese Civil Code in Europe
??Marie? ?Gor?e??????
22?The Significance of the Chinese Civil Code in Africa
??Salvatore? ?Mancuso?????
23?'Obvious Unfairness' and 'Unconscionability'
??James? ?Gordley?? and ??Hao? ?Jiang??????
Expanded Table of Contents
Index
Part 1?
The Overall Framework of the Chinese Civil Code?
1?The Chinese Civil Code in Comparative Perspective
??Mauro? ?Bussani?? and ??Marta? ?Infantino?????
2?The Chinese Way to the Civil Code
??Ivan? ?Cardillo?????
3?Highlighting the Significance of the Chinese Civil Code
????? Wang? ?Liming??????
Part 2?
The Inner Contents of the Chinese Civil Code?
4?The General Part of the Civil Code of the prc
????Xue? ?Jun?????
5?Comparative Perspectives on the General Part of the Chinese Civil Code
??Pascal? ?Pichonnaz?????
6?Reshaping Chinese Real Right Law through the New Chinese Civil Code
?????Zhu? ?Xiaozhe?????
7?The New Chinese Civil Code: Outer Perspectives
??Sjef? ?van Erp?????
8?An Introduction to the Book on Contracts of the Civil Code of the prc
??Han? ?Shiyuan?????
9?Comparative Perspectives on the Book on Contracts
??Umberto? ?Celli Jr?? and ??Ligia Espolaor? ?Veronese?????
10?Ambitious Goals for the Book on Personality Rights of the Chinese Civil Code
?????Zhang? ?Jiayong?????
11?Comparative Perspectives on the Book on Personality Rights
??Ken? ?Oliphant?????
12?Formation of the Book of Marriage and Family of Chinese Civil Code, from a Historical Perspective: A Mixture of more Endogenous Resources and less Elements Transplanted from other Civil Law Countries
?????Xu? ?Diyu?????
13?Marriage and Family in the Civil Code of the prc
??Nicoletta? ?Patti?? and ??Antonello? ?Miranda?????
14?The Innovations of Succession Part in the Civil Code of the People's Republic of China
????Wang? ?Yang?? and ??????Yin? ?Siyu?????
15?Comparative Perspectives on the Book on Inheritance
??Grzegorz J.? ?Blicharz?????
16?The Structure and Contents of the Book on Tort Liability of the Chinese Civil Code
?????Fang? ?Xinjun?????
17?A Swiss Perspective on the Book on Tort Liability of the Chinese Civil Code
??Franz? ?Werro??????
Part 3?
The Outer Significance of the Chinese Civil Code?
18?The Significance of the Chinese Civil Code in the Special Administrative Regions of Macao and Hong Kong
??Tong Io? ?Cheng?????
19?Legal Musings about Environmental Jurisprudence in the Civil Code of China and India: Peeking through a Tortious Liability Lens
??Manjeri Subin Sunder? ?Raj?? and ??Ujal Kumar? ?Mookherjee?????
20?The 2020 Chinese Civil Code
??William E.? ?Butler?????
21?The Significance of the Chinese Civil Code in Europe
??Marie? ?Gor?e??????
22?The Significance of the Chinese Civil Code in Africa
??Salvatore? ?Mancuso?????
23?'Obvious Unfairness' and 'Unconscionability'
??James? ?Gordley?? and ??Hao? ?Jiang??????
Expanded Table of Contents
Index