Chinese Civil Code - The General Part -
Zusammenfassung
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.
Abstract
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.
- 14–16 I. Overview 14–16
- 16–17 II. Equality 16–17
- 17–18 IV. Fairness 17–18
- 18–19 V. Good Faith 18–19
- 27–27 I. Structure 27–27
- 27–28 II. Overhaul 27–28
- 28–30 III. Controversy 28–30
- 30–34 I. Legal Capacity 30–34
- 36–37 III. Domicile 36–37
- 51–60 II. General Part 51–60
- 77–78 I. Overview 77–78
- 78–78 II. Establishment 78–78
- 78–78 III. Liability 78–78
- 78–79 IV. Representation 78–79
- 81–82 I. Overview 81–82
- 99–106 Chapter 9. Overview 99–106
- 99–102 I. Evolution History 99–102
- 102–103 II. Types 102–103
- 103–104 III. Form 103–104
- 106–106 I. Term 106–106
- 106–107 II. Form Requirement 106–107
- 107–109 III. Taking Effect 107–109
- 109–110 IV. Withdrawal 109–110
- 110–112 V. Interpretation 110–112
- 140–142 I. Conditions 140–142
- 142–143 II. Terms 142–143
- 143–158 Chapter 13. Overview 143–158
- 143–143 I. Evolution History 143–143
- 143–144 II. Scope of Application 143–144
- 144–149 III. Types of Agency 144–149
- 149–152 IV. Elements of Agency 149–152
- 158–158 I. Definition 158–158
- 158–160 II. Prerequisites 158–160
- 160–162 III. Ratification 160–162
- 166–166 I. Evolution History 166–166
- 166–171 II. Elements 166–171
- 174–176 V. Legal Consequence 174–176
- 179–201 Chapter 17. Overview 179–201
- 179–180 I. Evolution History 179–180
- 195–199 V. Good Samaritan Law 195–199
- 201–213 Chapter 18. Remedies 201–213
- 201–201 I. Overview 201–201
- 201–204 II. Defensive Claims 201–204
- 204–207 III. Restitution 204–207
- 207–211 IV. Compensation 207–211
- 211–213 V. Other Remedies 211–213
- 213–217 Chapter 19. Defense 213–217
- 213–215 I. Force Majeure 213–215
- 215–215 II. Self-Defense 215–215
- 215–217 III. Necessity 215–217
- 217–220 Chapter 20. Overview 217–220
- 217–217 I. Evolution History 217–217
- 226–227 IV. Cut-Off Periods 226–227
- 227–230 VI. Residual Questions 227–230
- 230–231 III. End of Periods 230–231
- 231–233 IV. Exceptions 231–233
- 233–253 Bibliography 233–253
- 259–264 Index 259–264