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
15 - The Connections between Roman Law and Chinese Civil Law
Traditions, Innovations and Environmental Protection
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 chapter focuses on the treatment of causation in Book VII on tort law of the Chinese Civil Code. After some remarks on the role that legislation can play in governing causation, the chapter reviews in a comparative perspective the location, breadth and content of general and special provisions on causation in the CCC. The analysis will show that what the CCC says on causation, and, perhaps more importantly, what it does not say, demonstrate a deep awareness of the relentless dynamics underlying tort law discourses and practices. Provisions on causation in the CCC strike a well-balanced compromise between the need of providing clear statutory guidance and the opportunity of allowing courts with substantial room to maneuver in light of the specific circumstances of each case.
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- The Making of the Chinese Civil CodePromises and Persistent Problems, pp. 308 - 324Publisher: Cambridge University PressPrint publication year: 2023