Marriage and Family in the Civil Code of the PRC: Outer Perspectives

Nicoletta Patti; Antonello Miranda

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Chapter 13 Marriage and Family in the Civil Code of the PRC: Outer Perspectives

In: The Chinese Civil Code in the Global Legal Order

Authors:

Nicoletta Patti

Nicoletta Patti
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Antonello Miranda

Antonello Miranda
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Type:: Chapter

Pages:: 224–239

DOI:: https://doi.org/10.1163/9789004704428_014

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Abstract

This chapter places into comparative perspective the structure and contents of Book V of the Chinese Civil Code. To this purpose, the chapter explores the multifaceted articulation of legal sources that have historically governed family law in China, as well as the many contaminations that have affected the development of family norms within Chinese private law. In particular, the chapter shows how Book V mixes Roman law influences, elements of traditional Chinese law, socialist experimentations, and transplants from the contemporary Western legal tradition. The presence of such heterogeneous contributions shows the originality of Chinese approach to family issues.

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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 13 Marriage and Family in the Civil Code of the PRC: Outer Perspectives

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The Chinese Civil Code in the Global Legal Order

Inner and Outer Perspectives

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