Full Description
The three-volume set reviews and evaluates 27 typical civil cases in China with the aim of refining the interpretation and application of the law through case guidance.
One of the most important functions of the Supreme Court in any jurisdiction is to provide guidance to unify the interpretation and application of the law, thereby ensuring judicial consistency and legal stability. China's case guidance system also strives for this ideal. This book attempts to serve as a reference source for case guidance, which will greatly benefit the construction of the case guidance system. The three volumes address three different concerns related to selected cases: 1) the application of legal relations methodology in civil judgments, 2) the importance of constitutive requirements in civil judgments, and 3) the resolution of conflicts between outdated laws and a progressive society.
This set will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.
Contents
Volume 1: 1. Determining the Type of Contract 2. Ignoring Contract Types and Fragmenting the Overall Transaction Can Lead to Improper Judgments 3. Contracts with Inaction as the Subject Matter and Their Validity 4. Legal Analysis of Ineffective Contracts and Their Legal Consequences 5. Validity of Settlement Clauses and Liquidation Clauses in Subsequent Contracts 6. Distinction and Interplay of Legal Actions 7. A Judgment That Misplaces Legal Relations 8. Don't Mistakenly Regard a Private Lending Agreement as an Equity Transfer Agreement 9. Tension and Straightening out When One House Becomes the Subject Matter of Several Rights Volume 2: 1. Judges Should Abide by the Constitutive Requirement Stipulated by Law 2. Validity of Unentitled Disposition Contract, Unsafe Right of Defense, Termination, and Debt Assumption 3. No Arbitrary Deviation from or Misinterpretation of Legal Constitutive Requirements 4. It is not Allowed to Blindly Expand the Scope of Application of Paragraph 2, Article 44 of the Contract Law 5. Relationship and Interpretation between the Initial Contract and Subsequent Contracts 6. A Dissolving Condition is Different from Contract Dissolution 7. Application Order of the Defense Right of First-Performance 8. The Principle of Legal Impossibility and Clausula Rebus Sic Stantibus 9. Name and Trademark: Review of Path and Methodology Volume 3: 1. Legal Consequences of Housing Sales Contracts without Property Ownership Certificate 2. Accurate and Appropriate Identification of the Relationship Between Contracts and Separate Acts Within the Same Transaction 3. A Case Study of Equity Transfer as Guarantee 4. Simultaneous Analysis of Datio in Solutum and Guaranty 5. Analysis on the Change of Real Right of the Motor Vehicle 6. Double Misunderstanding of Declaration of Will and Guaranty 7. Contract Condition is by no Means Contract Time Limit 8. On the Right of Optional Cancellation of Entrustment Contract and Its Limitation 9. A Judgment Creating Legal Rule
