Chinese Civil Code - The Specific Parts
A Handbook
Zusammenfassung
Zum Werk The first Civil Code of the PRC (CCC), adopted by the Chinese national law makers in May 2020, came into force on January 1st, 2021. The Code has 1260 articles and consists of a General Part and six books on property, contracts, personality rights, marriage and family, succession and torts. As China does not have a separate Commercial Code, the CCC is equally applicable to commercial transactions. In this sense, the Code is not only of interest for comparative law scholars, but also of great importance for business operation in the country. This book strives to provide foreign readers with a systematic and indepth analysis of the Code. The “Chinese Civil Code - The Specific Parts" is intended as a volume to follow the "Chinese Civil Code - The General Part" and covers the six specific books of the Code. In principle, this book is organized in line with the structure of the Code itself. In the CCC, real security and personal security are addressed separately, even though some of the issues are the same. This book consequently designates a separate part for the security law to avoid redundancy and to highlight the significant amendments brought about by the Code and its subsequent judicial interpretation. As contract law makes up nearly a half of the entire Civil Code, this book also puts an emphasis on this area and address six major contract types in detail: the sales contract, lease contract, guaranty contract, mandate contract, factoring contract and technology contract. Vorteile
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systematic and indepth analysis of the Civil Code of the PRC (CCC)
Zielgruppe The book is written for lawyers, law firms, legal departments, companies and publishers.
Schlagworte
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I - XXXIV
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1 - 11
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11 - 21
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21 - 91
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21 - 24
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24 - 40
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40 - 46
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46 - 53
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53 - 71
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71 - 84
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84 - 91
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91 - 187
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91 - 115
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115 - 138
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138 - 154
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154 - 171
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171 - 187
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187 - 243
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187 - 207
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207 - 213
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213 - 232
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232 - 239
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239 - 243
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243 - 273
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273 - 309
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273 - 275
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275 - 291
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291 - 293
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293 - 307
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307 - 309
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309 - 339
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309 - 310
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310 - 317
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317 - 325
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325 - 339
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339 - 377
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339 - 342
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342 - 365
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365 - 377
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377 - 393
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393 - 427
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427 - 438
- Abbreviations
- AJZ, Academic Journal of Zhongzhou (ä¸å·žå¦åˆŠ)
- Bd., Band (Volume)
- Beijing High Court
- Answers to Lease Contract, Answers of the Beijing High Court to Some Difficult Questions about The Trial of Housing Lease Contract Disputes
- CASS, Chinese Academy of Social Science
- CCC, Chinese Civil Code
- Chap., Chapter
- ChinLR, China Law Review (ä¸å›½æ³•å¾‹è¯„论)
- CISG, United Nations Convention on Contracts for the International Sale of Goods
- CJAL, Columbia Journal of Asian Law
- CJL, Chinese Journal of Law (法å¦ç ”究)
- CL, Contract Law
- CLR, Contemporary Law Review (当代法å¦)
- CLS, China Legal Science (ä¸å›½æ³•å¦)
- Company Law Interpretation (IV), Provisions on Some Issues about the Application of the Company Law (IV)
- Consumer Protection Law, Law on the Protection of Consumer Rights and Interests
- CPC, Chinese Communist Party
- CPL, Civil Procedure Law
- CPL-Interpretation, Interpretation of the SPC on the Application of the Civil Procedure Law
- CSS, China Social Sciences (ä¸å›½ç¤¾ä¼šç§‘å¦)
- DCFR, Draft Common Frame of Reference
- Detailed Rules on Case Guidance, Detailed Rules for the Implementation of the Provisions of the SPC on Case Guidance
- Direction for Contract Disputes, Direction of the SPC on Dealing with Several Issues in Civil and Commercial Contract Disputes
- ECUPL Journal, Eastern China University for Political Science and Law Journal (å�Žä¸œæ”¿æ³•å¤§å¦å¦æŠ¥)
- ed./eds., editor(s)
- edn., edition
- ERCL, European Review of Contract Law
- et seq./et seqq. and the following one(s)
- Factoring Business Norms, Norms for the Factoring Business in the Banking Sector of China
- FEL, Financial and Economic Law (è´¢ç»�法å¦)
- GLR, Global Law Review (环�法律评论)
- GPCL, General Principles of Civil Law (民法通则)
- GRCL, General Rules of the Civil Law (民法总则)
- GSS, Guangdong Social Sciences (广东社会科å¦)
- GWashIntlLRev, George Washington International Law Review
- Hb, Halbband (half-volume)
- HK, Hong Kong
- HLS, Hebei Law Science
- Hong Kong L.J., Hong Kong Law Journal
- IN-Provision, Provisions of the SPC on Several Issues concerning the Application of Law in the Trial of Cases involving Civil Disputes over Infringements upon Person Rights and Interests through Information Networks
- Interpretation CCC Marriage and Family, Interpretation (I) of the SPC on the Application of the “Marriage and Family� Book of the Civil Code
- Interpretation II of the Insurance Law, Interpretation II of the SPC on Several Issues concerning the Application of the Insurance Law
- Interpretation of Guaranty System, Interpretation of the SPC of the Application of the Relevant Guaranty System of the Civil Code of the PCR
- Interpretation of Lease Contracts, Interpretation on Several Issues concerning the Application of Law in the Trial of Cases about Disputes Over Lease Contracts on Urban Buildings
- Interpretation of Private Lending Cases, Provisions of the SPC on Several Issues concerning the Application of Law in the Trial of Private Lending Cases
- Interpretation of Sales Contracts, Interpretation of the SPC on Issues Concerning the Application of Law for the Trial of Cases of Disputes over Sales Contracts
- Interpretation of Technology Contracts, Interpretation of the SPC concerning Some Issues on Application of Law for the Trial of Cases on Disputes over Technology Contracts
- Interpretation of the Book on Property (I), Interpretation (I) of the SPC on the Application of the Book on Property Rights of the CCC
- Interpretation of the CL (I), Interpretations of Several Issues Concerning the Application of the Contract Law (I)
- Interpretation of the CL (II), Interpretations of Several Issues Concerning the Application of the Contract Law (II)
- Interpretation of the General Part of the CCC, Interpretation by the SPC of Several Issues Concerning the Application of the Book of General Part of the Civil Code
- Interpretation of the GL, Interpretation of the SPC on Several Issues Concerning the Application of the Guaranty Law
- Interpretation on Environmental Torts, Interpretation of the SPC of Several Issues on the Application of Law in the Trial of Disputes over Liability for Environmental Torts
- Interpretation on Mental Damages, Interpretation on Several Issues Concerning the Ascertainment of Compensation Liability for Non-Material Damages in Civil Torts
- Interpretation on Personal Injuries, Interpretation on Several Issues Concerning the Law Applicable in Hearing Cases of Compensation for Personal Injury
- IP Anti-Monopoly Guidelines, Anti-Monopoly Guidelines in the Field of Intellectual Property Rights
- IPR, Intellectual Property Rights
- JCL, Journal of Comparative Law (æ¯”è¾ƒæ³•ç ”ç©¶)
- JGACIPL, Journal of Guangxi Administrative Cadre Institute of Politics and Law
- JGUPSL, Journal of Gansu University of Political Science and Law
- JHU, Journal of Henan University (Social Science)
- Jiangsu High Court Opinion on Lease Contract, Opinions of the Jiangsu High Court on Several Issues Concerning the Trial of Disputes over Urban House Rental Contracts
- JinanJ, Journal of Jinan University (Philosophy and Social Science)
- JJU, Journal of Jishou University (Social Sciences)
- JJUFE, Journal of Jiangxi University of Finance and Economics
- JLA, Journal of Law Application (法律适用)
- JLU, Journal of Lanzhou University (Social Sciences)
- JNNU ,Journal of Nanning Normal University (Philosophy and Social Sciences Edition)
- JNPC, Journal of National Prosecutors College
- JNU, Journal of Nanjing University (Philosophy, Humanities and Social Sciences)
- JoSU, Journal of Shandong University (Philosophy and Social Sciences)
- JPSL, Journal of Political Science and Law
- JRU, Journal of Renmin University of China
- JSCUN, Journal of South-Central University for Nationalities (Humanities and Social Sciences)
- JSPLIA, Journal of Shanxi Politics and Law Institute for Administrators JSU (Philosophy and Social Science) Journal of Soochow University (Philosophy and Social Science)
- JSUL, Journal of Soochow University (Law Edition)
- JSUPSL, Journal of Shanghai University of Political Science and Law (The Rule of Law Forum)
- JUJ, Jilin University Journal Social Sciences Edition
- LAC, Legal Affairs Commission
- LAC-Commentary, Commendatory of the Book of Contract of the CCC
- LaE, Law and Economy (è´¢ç»�法å¦)
- LAL, Land Administration Law
- LaSD, Law and Social Development (法律与社会�展)
- LF, Legal Forum (法å¦è®ºå�›)
- LR, Law Review (法å¦è¯„论)
- LS, Law Science (法å¦)
- LSM, Law Science Magazine (法å¦æ�‚å¿—)
- Measures for the Recordation Review, Measures for the Recordation Review of Regulations and Judicial Interpretations
- Minutes 2019, Minutes of the National Court Work Conference on Civil and Commercial Trials
- Minutes on Technology Contracts, Minutes of the National Court Intellectual Property Trial Work Conference on Several Issues Concerning the Trial of Technology Contract Dispute Cases
- MLS, Modern Law Science (现代法å¦)
- mn., marginal number
- MuJ, Medicine and Jurisprudence
- NGO, Non-Governmental Organization
- NLR, Northern Law Review (北方法å¦)
- Notice 2009, Notice of the SPC on Correctly Applying the Interpretation II of Several Issues concerning the Contract Law of the PRC So as to Serve the Primary Objectives of the Party and the State
- Notice I on Pandemic, Notice I by the SPC of Issuing the Guiding Opinions on Several Issues of Properly Hearing Civil Cases concerning the COVID/19 Pandemic
- Notice II on Pandemic, Notice II by the SPC of Issuing the Guiding Opinions on Several Issues of Properly Hearing Civil Cases concerning the COVID/19 Pandemic
- Notice on Case Guidance, Notice of the SPC on Issuing the Provisions on Case Guidance
- Notice on Similar Cases, Notice by the SPC on the Guiding Opinions on Unifying the Application of Laws to Strengthen the Retrieval of Similar Cases (for Trial Implementation
- NPC, National People’s Congress
- OL, Oriental Law (东方法å¦)
- Online Consumption Provisions I, Provisions of the SPC on Several Issues Concerning the Application of Law in the Trial of Cases of Disputes over Online Consumption (I)
- Opinions on Trials Under the Current Situation, Opinions of the SPC on Issues Concerning Trials of Disputes over Civil and Commercial Contracts under the Current Situation
- p., page
- p.a., per annum
- PICC, Principles of International Commercial Contracts
- PJ(A), People’s Judicature Application (人民�法应用)
- PMSR, Purchase money security rights
- PRC ,People’s Republic of China
- Provisional Measures on Factoring, Provisional Measures on Administration of Factoring Business of Commercial Banks
- Provisions about Auctioning, Provisions of the SPC about Auctioning or Selling off Property by the People’s Courts in Civil Execution
- Provisions on Abuse of IP Rights, Provisions on the Prohibition of the Abuse of Intellectual Property Rights to Eliminate or Restrict Competition
- Provisions on Face Recognition, Provisions of the SPC on Several Issues Concerning the Application of Law in the Trial of Civil Cases Related to the Use of Face Recognition Technology in Processing Personal Information
- Provisions on the Judicial Interpretation Work, Provisions of the SPC on the Judicial Interpretation Work
- PSL, Political Science and Law (政治与法)
- PULJ, Peking University Law Journal (ä¸å¤–法å¦)
- R.O.C., Republic of China
- RabelsZ, Rabels Zeitschrift für ausländisches und internationals Privatrecht
- Recognition Rules, Technology Contract Recognition Rules
- Regulation on Household Registration, Regulation of the People’s Republic of China on Household Registration
- Regulations on Import and Export of Technologies, Regulations on Administration of Import and Export of Technologies
- Reply on Article 24, Reply of the Research Office of the SPC to the Request for Instructions on the Understanding and Application of Article 24 of the Interpretation II on Several Issues concerning the Application of the Contract Law of the PRC
- Resolution on Improving Legal Interpretation, Resolution of the Standing Committee of the National People’s Congress Providing an Improved Interpretation of the Law
- RMB, Renminbi
- RMF, Regulations for the Management of Foundations
- RRL, Research on Rule of Law (æ³•æ²»ç ”ç©¶)
- Rules on Periods of Limitations, Rules of the SPC on Certain Issues Concerning the Implementation of Periods of Limitation in Civil Litigation
- SAIC, State Administration for Industry and Commerce
- SAR, Southeast Academic Research
- SBL, Studies in Law and Business
- SCNPC, Standing Committee of the National People’s Congress
- Shanghai High Court Guidelines on Lease Contract, Guidelines of the Shanghai High Court on the Key Points in Adjudicating Cases of Urban House Lease Contract
- SJTIJ, Shandong Judges Training Institute Journal
- SJTU, Law Review Shanghai Jiaotong University Law Review (交大法å¦)
- SOE, State-owned Enterprise
- SOL, Science of Law (法律科å¦)
- SPC, Supreme People’s Court (of the PRC)
- SPC Interpretation CCC Intertemporal, Several Provisions of the SPC on the Retroactivity in the Application of the Civil Code
- SPC Interpretation CCC Succession Law, Interpretation (I) of the SPC on the Application of Book Six Succession of the Civil Code
- SPC Interpretation GPCL (old version), Opinions of the SPC on Several Issues concerning the Implementation of the General Principles of the Civil Law
- SPC Interpretation No. I Marriage Law, Interpretation No. I of the SPC on Several Issues in the Application of Marriage Law of the PRC
- SPC Interpretation Succession Law, Opinions of the SPC on Some Issues concerning the Implementation of the Law of Succession
- TLL, Tort Liability Law
- TPSL, Tribune of Political Science and Law (政法论�)
- TULJ, Tsinghua University Law Journal (清å�Žæ³•å¦)
- U. Bologna L. Rev., University of Bologna Law Review
- UCC, Uniform Commercial Code
- UK, United Kingdom
- UNIDROIT, International Institute for the Unification of Private Laws
- Uniform Methods of Registration, Uniform Methods of Registration for Security in Movables and Rights
- US, United States of America
- Vol., Volume
- WashUGlobalStudLRev, Washington University Global Studies Law Review
- Yale L.J., Yale Law Journal
- ZchinR, Zeitschrift für Chinesisches Recht
- ZSS, Zhejiang Social Sciences (浙江社会科å¦)
