Full Description
As the final volume of a three-volume set that critically examines typical civil cases in China, this book focuses on resolving conflicts between outdated laws and an advancing society.
Laws may become obsolete over time, or their relevance may be greatly diminished. With social changes and changes in the social system, it becomes inevitable to update laws. In China's reform and opening-up era, the social relations governed by civil and commercial laws are constantly evolving, resulting in noticeable changes. However, the enacted and effective civil and commercial laws may not immediately keep pace with these changes. Against this background, it may not always be appropriate to apply the law mechanically, especially in individual cases. Judgments in particular cases may be based on the details of those cases, guided by fundamental principles, and may disregard certain specific provisions in order to achieve fairness and justice. Some of the nine cases discussed in this volume have successfully practiced these principles, but most still have room for criticism and improvement.
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. 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
