基本説明
Currently, China is drafting its new Civil Code. Against this background, the present book aims at providing the necessary historical and comparative legal perspectives.
Full 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.
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: Loïc Cadiet
