Towards a Chinese civil code : comparative and historical perspectives
Author(s)
Bibliographic Information
Towards a Chinese civil code : comparative and historical perspectives
（Chinese and comparative law series, v. 1）
Martinus Nijhoff, 2012
- : hardback
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Note
Includes bibliographical references
Description and Table of Contents
Description
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 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 Pisler
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: Loic Cadiet
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