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
1 - The Making of a Civil Code in China
Promises and Perils of a New Civil Law
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 went into effect on January 1, 2021, as the first civil code in the Communist China. Half a century of codification effort finally resulted in this much anticipated code. In its 1260 articles, the Code is divided into seven books. In a break with civilian traditions, the Chinese Civil Code divides obligations into contracts and torts, and it absorbs law of unjust enrichment into the book on contracts as quasi-contracts. Also, the book on law of personality focuses on privacy and data protection in an effort to tackle the legal challenges posed by the advancement of technology. Some of the problems that still need to be addressed for the Code to become successful come from the tensions between the rise of private law and the dominant state sector, the contradictions among legal transplants, and the clash between distributive and commutative justice. The author argues that solutions to some persistent problems require structural change in Chinese economy, doctrinal innovation, and conscientious acceptance of a law that is based upon philosophical ideas that differ from traditional Chinese moral philosophy.
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- Chapter
- Information
- The Making of the Chinese Civil CodePromises and Persistent Problems, pp. 1 - 40Publisher: Cambridge University PressPrint publication year: 2023