Full Description
As the first volume of a three-volume set that provides critical reviews of typical civil cases in China, this book focuses on the methodology of legal relations and their importance in adjudication.
It is crucial to identify and determine the specific legal relationship that encompasses certain civil rights or obligations. This allows for the application of appropriate or analogous legal norms. By using these norms, along with the entire body of law or rule of law, it becomes possible to identify all the civil rights and obligations within that legal relationship and to understand their interrelationships. This leads to the proper handling of controversial cases. In the nine cases discussed in this volume, the method of legal relations was overlooked to varying degrees. Therefore, an important goal of this volume is to encourage both legal practice and theoretical research to take note of and implement the methodology of legal relations.
The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.
Contents
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
