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
4 - Article 580 (2) of the Chinese Civil Code
Can Chinese Folk Medicine Cure Serious Illness?
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
Since Xinyu Company v. Feng Yumei was published in the Gazette of the Supreme People’s Court in 2006, a peculiar expression ‘a breaching party’s right to termination’ emerged in China. Though a misunderstood concept, it does reveal problems in the rules on contract termination under the Chinese Contract Law 1999. The main problem is that, the legal protection is insufficiently afforded to long-term contracts. Art. 580 (2) of the Chinese Civil Code 2020 provides a new approach of judiciary termination, which may provide some improvement, but only for cases involving performance of non-monetary obligation. For those involving performance of monetary obligation, this rule is inapplicable. Judicial termination of contract under Art. 580 (2) should be exercised very cautiously. The justification for terminating a contract, from force majeure to change of circumstance and to commercial risk, decreases in sequence.
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- Chapter
- Information
- The Making of the Chinese Civil CodePromises and Persistent Problems, pp. 94 - 113Publisher: Cambridge University PressPrint publication year: 2023
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