Towards a Chinese Civil Code: Comparative and Historical Perspectives

ISBN-10: 9004204873

ISBN-13: 9789004204874

Edition: 2012

List price: $252.00
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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. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives.
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Book details

List price: $252.00
Copyright year: 2012
Publisher: Brill Academic Pub
Binding: Cloth Text 
Size: 6.25" wide x 9.25" long x 1.25" tall
Weight: 2.244
Language: English

Acknowledgements
List of Contributors
Introduction
General
The Systematization of the Chinese Civil Code
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
Factors Ensuring the Success or Failure of Draft Codifications. Some European Experiences
Property Law
100 Years of Chinese Property Law: Looking Back and Thinking Forward
Restructuring Modern Property Law on a Theoretical Basis
Can European Property Law be Codified? Towards the Development of Property Notions
A Comparative Assessment of the Provisions of the New Chinese Property Code on Condominiums
Conceptualizing the Chinese Trust: Some Thoughts from Europe
Contract Law
A Snapshot of Chinese Contract Law from an Historical and Comparative Perspective
Codification in Europe and China: What Makes Contract Law Special?
Service Contracts in Chinese Contract Law: An Approach according to the European Draft Common Frame of Reference
Third Party Rights in Contract: A Case Study on Codifying and not Codifying
Tort Law
The Bases of Liability in Chinese Tort Liability Law-Historical and Comparative Perspectives
A Common Law-like Civil Law and a Public Face for Private Law: China's Tort Law in Comparative Perspective
Uncertain Causes: The Chinese Tort Liability Law in Comparative Perspective
Chinese Medical Negligence Law: How to Distinguish and Accommodate Common Law Principles?
The Great Spill in the Gulf … and a Sea of Pure Economic Loss: Reflections on the Boundaries of Civil Liability
Civil Procedure
The Position of Judges in Civil Litigation in Transitional China-Judicial Mediation and Case Management
The Influence of the 1895 Austrian ZPO in the Netherlands
Judicial Case Management in France-Tradition into Modernity: About some Aspects of Contemporary Tendencies in French Civil Procedure
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