Reshaping Chinese Real Right Law through the New Chinese Civil Code

朱晓喆 Zhu Xiaozhe

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Chapter 6 Reshaping Chinese Real Right Law through the New Chinese Civil Code

In: The Chinese Civil Code in the Global Legal Order

Author:

朱晓喆 Zhu Xiaozhe

朱晓喆 Zhu Xiaozhe
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Type:: Chapter

Pages:: 92–109

DOI:: https://doi.org/10.1163/9789004704428_007

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Abstract

The enactment of the Civil Code has exerted a profound and proactive influence on the state, society, and individuals. The Book on Real Rights of the Civil Code, codified in line with the doctrine of mixed-reception, creates a legal system that embodies the modern real right law with Chinese characteristics. Through the Book on Real Rights, the drafters of the Civil Code consolidated and innovated the Chinese property system. Under the socio-economic background of optimizing the business environment, the Book on Real Rights has preliminarily completed the reform of establishing a regime of chattel guarantee characterized by modern functionalism. In the Book on Real Rights, several provisions require reification and perfection by future theoretical research, prospective judicial application, and social practice. The Civil Code has reshaped China’s real rights legal system and constituted a milestone in the process of building China’s rule of law.

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The Chinese Civil Code in the Global Legal Order

Inner and Outer Perspectives

Series: Comparative Law in Global Perspective, Volume: 7

Cover The Chinese Civil Code in the Global Legal Order

E-Book ISBN:: 9789004704428

Publisher:: Brill | Nijhoff

Print Publication Date:: 20 Jul 2024

Subjects
- International Law
  - International Law: Regional Perspectives
  - Comparative Law

Front Matter

Part 1 The Overall Framework of the Chinese Civil Code

Part 2 The Inner Contents of the Chinese Civil Code

Part 3 The Outer Significance of the Chinese Civil Code

Back Matter

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Chapter 6 Reshaping Chinese Real Right Law through the New Chinese Civil Code

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The Chinese Civil Code in the Global Legal Order

Inner and Outer Perspectives

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