Towards a Chinese civil code : : comparative and historical perspectives / / edited by Lei Chen, Cornelis Hendrik (Remco) van Rhee.

• TeilnehmendeR: Chen, Lei (Lawyer); Rhee, C. H. van.
• Year of Publication: 2012
• Language: English
• Series: Chinese and Comparative Law Series 1.
• Physical Description: 1 online resource (576 p.)
• Notes: Description based upon print version of record.

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. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.

Table of Contents

Preliminary Material -- Introduction / Lei Chen and C.H. (Remco) van Rhee -- The Systematization of the Chinese Civil Code / Liming Wang -- From a Supplementary Legislator to a Legitimate Judicial Lawmaker / Zhenbao Jin -- Factors Ensuring the Success or Failure of Draft Codifications / Dirk Heirbaut -- 100 Years of Chinese Property Law / Lei Chen -- Restructuring Modern Property Law on a Theoretical Basis / Weiguo Wang -- Can European Property Law be Codified? / 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 / Kenneth G.C. Reid -- 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 / Knut B. Pißler -- Third Party Rights in Contract / Hector L. MacQueen -- The Bases of Liability in Chinese Tort Liability Law / Yan Zhu -- A Common Law-like Civil Law and a Public Face for Private Law / Jacques deLisle -- Uncertain Causes / Ken Oliphant -- Chinese Medical Negligence Law / Xiju Zhao -- The Great Spill in the Gulf … and a Sea of Pure Economic Loss / Vernon V. Palmer -- The Position of Judges in Civil Litigation in Transitional China / 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 / Loïc Cadiet.