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Chinese Civil Code - The General Part
In modern times, the codification of the entire civil law has become a rare phenomenon. Nevertheless, the Chinese law-maker has decided to create the first Civil Code in the history of PRC and set out an ambitious timeline to achieve this goal. In the process of construction, the future Chinese Civil Code will principally follow the Pandectist System and, in particular, contain a General Part. On 15th March 2017, the General Part was enacted, as scheduled, in the form of a single statute for the time being. By 2020, the other books covering the law of personality, obligations, property law, family and estate law, should be codified as well. These books, together with the General Part, will form the future Civil Code.
The purpose of this book is to provide a concise and in-depth practical guide to this new statute, namely the General Rules of Civil Law (GRCL). To this end, it seeks to deliver a general picture of the GRCL and to explore the important provisions in more detail. In addition, it strives to provide answers to the question of which laws apply in the case of conflict between the GRCL and other statutes.
What is also equally important is to provide the readers with information about the origin of legal concepts in the GRCL and the process in which Chinese lawmakers decided to adopt or reject certain foreign legal concepts.
Zum Werk
The first Civil Code of the PRC (CCC), adopted by the Chinese national law makers in May 2020, came into force on January 1st, 2021. The Code has 1260 articles and consists of a General Part and six books on property, contracts, personality rights, marriage and family, succession and torts. As China does not have a separate Commercial Code, the CCC is equally applicable to commercial transactions. In this sense, the Code is not only of interest for comparative law scholars, but also of great importance for business operation in the country.
This book strives to provide foreign readers with a systematic and indepth analysis of the Code.
The ?Chinese Civil Code - The Specific Parts" is intended as a volume to follow the "Chinese Civil Code - The General Part" and covers the six specific books of the Code. In principle, this book is organized in line with the structure of the Code itself. In the CCC, real security and personal security are addressed separately, even though some of the issues are the same. This book consequently designates a separate part for the security law to avoid redundancy and to highlight the significant amendments brought about by the Code and its subsequent judicial interpretation. As contract law makes up nearly a half of the entire Civil Code, this book also puts an emphasis on this area and address six major contract types in detail: the sales contract, lease contract, guaranty contract, mandate contract, factoring contract and technology contract.
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