Book contents
- The Making of the Chinese Civil Code
- The Making of the Chinese Civil Code
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 The Making of a Civil Code in China
- 2 Personality Rights in China’s New Civil Code
- 3 Force Majeure or Change of Circumstances
- 4 Article 580 (2) of the Chinese Civil Code
- 5 Contractual Consent in the New Chinese Civil Code
- 6 The Security Interests in Chinese Law
- 7 Chinese Tort Law in the Era of the Civil Code
- 8 Causation in the Chinese Civil Code
- 9 The Aims of Tort Law across China and the West
- 10 Classifying the Passive Appreciation of Separate Property during Marriage in the Chinese Civil Code
- 11 The Rule of Law in Traditional China
- 12 The Private Law Influence of the Great Qing Code
- 13 The New Validity Rules in Chinese Civil Code and Chinese State-Owned Enterprises’ Freedom in Contracting
- 14 Chinese Civil Law and Soviet Influences
- 15 The Connections between Roman Law and Chinese Civil Law
- Index
9 - The Aims of Tort Law across China and the West
Published online by Cambridge University Press: 31 August 2023
- The Making of the Chinese Civil Code
- The Making of the Chinese Civil Code
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 The Making of a Civil Code in China
- 2 Personality Rights in China’s New Civil Code
- 3 Force Majeure or Change of Circumstances
- 4 Article 580 (2) of the Chinese Civil Code
- 5 Contractual Consent in the New Chinese Civil Code
- 6 The Security Interests in Chinese Law
- 7 Chinese Tort Law in the Era of the Civil Code
- 8 Causation in the Chinese Civil Code
- 9 The Aims of Tort Law across China and the West
- 10 Classifying the Passive Appreciation of Separate Property during Marriage in the Chinese Civil Code
- 11 The Rule of Law in Traditional China
- 12 The Private Law Influence of the Great Qing Code
- 13 The New Validity Rules in Chinese Civil Code and Chinese State-Owned Enterprises’ Freedom in Contracting
- 14 Chinese Civil Law and Soviet Influences
- 15 The Connections between Roman Law and Chinese Civil Law
- Index
Summary
The Chinese Civil Code, approved on 28 May 2021, is an important code for several reasons: it is a synthesis of the Roman legal system, a privileged place collecting institutions and dogmatic systems through categories, institutes and principles that provides a careful and balanced synthesis of the matter it regulates. Besides the well-known and peculiar concepts of the civil law system encompassed by the Chinese Civil Code, socialism with Chinese characteristics and custom as source of law in the absence of statutory provisions set the Code between past and future with its own identity and the ability to adapt to the continuous and future changes of the surrounding reality. The only certainty in this continuous evolution of the surrounding reality, is that the Code belongs and is open to the system in a process of continuous and mutual enhancement and complementarity. The typical and distinctive patterns of Roman tradition are endorsed and combined with Chinese legal tradition for their interpretative value, both individually and in the context of the Code as a whole, to give certainty and solidity to a regulatory system meant to last over time.
- Type
- Chapter
- Information
- The Making of the Chinese Civil CodePromises and Persistent Problems, pp. 197 - 213Publisher: Cambridge University PressPrint publication year: 2023