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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
This volume offers a unique, comprehensive view of the contents, context and potential of the Civil Code that in 2021 entered into force in the Peopleâs Republic of China. The twenty-three essays herein collected, authored by distinguished Chinese and non-Chinese scholars, describe inner and outer perceptions about the Chinese Civil Code and analyze its likely impact within and outside the country. In so doing, they shed light not only on the comparative origins of current Chinese rules, but also on the potential influence that these rules may have in comparative terms in the future.
Mauro Bussani is Full Professor of Comparative Law, Law Department, Trieste University, Trieste, Italy, and Adjunct Professor, Law School, University of Macau, Macau, SAR of the Peopleâs Republic of China.
Ivan Cardillo is Adjunct Professor, chair of Chinese Law, Trento University Law School, Italy; Adjunct Professor, China University of Political Science and Law, Peopleâs Republic of China; Senior Advisor, âFarenâ Think Tank, Chinese Government Ministry of Justice; and Director of the Institute of Chinese Law, Italy.
Marta Infantino is Associate Professor of Comparative Law, Department of Political Science, Trieste University, Trieste, Italy. Xue Jun is Full Professor, Peking University Law School, Beijing, Peopleâs Republic of China.
Ivan Cardillo is Adjunct Professor, chair of Chinese Law, Trento University Law School, Italy; Adjunct Professor, China University of Political Science and Law, Peopleâs Republic of China; Senior Advisor, âFarenâ Think Tank, Chinese Government Ministry of Justice; and Director of the Institute of Chinese Law, Italy.
Marta Infantino is Associate Professor of Comparative Law, Department of Political Science, Trieste University, Trieste, Italy. Xue Jun is Full Professor, Peking University Law School, Beijing, Peopleâs Republic of China.
Note on Contributors
Part 1
The Overall Framework of the Chinese Civil Code
1âThe Chinese Civil Code in Comparative Perspective
ââMauro Bussani and Marta Infantino
2âThe Chinese Way to the Civil Code
ââIvan Cardillo
3âHighlighting the Significance of the Chinese Civil Code
ââçå©æ Wang Liming
Part 2
The Inner Contents of the Chinese Civil Code
4âThe General Part of the Civil Code of theprc
ââèåXue Jun
5âComparative Perspectives on the General Part of the Chinese Civil Code
ââPascal Pichonnaz
6âReshaping Chinese Real Right Law through the New Chinese Civil Code
ââæ±æåZhu Xiaozhe
7âThe New Chinese Civil Code: Outer Perspectives
ââSjef van Erp
8âAn Introduction to the Book on Contracts of the Civil Code of theprc
ââHan Shiyuan
9âComparative Perspectives on the Book on Contracts
ââUmberto Celli Jr and Ligia Espolaor Veronese
10âAmbitious Goals for the Book on Personality Rights of the Chinese Civil Code
ââå¼ å®¶åZhang Jiayong
11âComparative Perspectives on the Book on Personality Rights
ââKen Oliphant
12âFormation of the Book of Marriage and Family of Chinese Civil Code, from a Historical Perspective: A Mixture of more Endogenous Resources and less Elements Transplanted from other Civil Law Countries
ââå¾æ¶¤å®Xu Diyu
13âMarriage and Family in the Civil Code of theprc
ââNicoletta Patti and Antonello Miranda
14âThe Innovations of Succession Part in the Civil Code of the Peopleâs Republic of China
ââ汪æ´Wang Yang and 尹æé¨Yin Siyu
15âComparative Perspectives on the Book on Inheritance
ââGrzegorz J. Blicharz
16âThe Structure and Contents of the Book on Tort Liability of the Chinese Civil Code
ââæ¹æ°åFang Xinjun
17âA Swiss Perspective on the Book on Tort Liability of the Chinese Civil Code
ââFranz Werro
Part 3
The Outer Significance of the Chinese Civil Code
18âThe Significance of the Chinese Civil Code in the Special Administrative Regions of Macao and Hong Kong
ââTong Io Cheng
19âLegal Musings about Environmental Jurisprudence in the Civil Code of China and India: Peeking through a Tortious Liability Lens
ââManjeri Subin Sunder Raj and Ujal Kumar Mookherjee
20âThe 2020 Chinese Civil Code
ââWilliam E. Butler
21âThe Significance of the Chinese Civil Code in Europe
ââMarie Goré
22âThe Significance of the Chinese Civil Code in Africa
ââSalvatore Mancuso
23ââObvious Unfairnessâ and âUnconscionabilityâ
ââJames Gordley and Hao Jiang
Expanded Table of Contents
Index
Part 1
The Overall Framework of the Chinese Civil Code
1âThe Chinese Civil Code in Comparative Perspective
ââMauro Bussani and Marta Infantino
2âThe Chinese Way to the Civil Code
ââIvan Cardillo
3âHighlighting the Significance of the Chinese Civil Code
ââçå©æ Wang Liming
Part 2
The Inner Contents of the Chinese Civil Code
4âThe General Part of the Civil Code of the
ââèåXue Jun
5âComparative Perspectives on the General Part of the Chinese Civil Code
ââPascal Pichonnaz
6âReshaping Chinese Real Right Law through the New Chinese Civil Code
ââæ±æåZhu Xiaozhe
7âThe New Chinese Civil Code: Outer Perspectives
ââSjef van Erp
8âAn Introduction to the Book on Contracts of the Civil Code of the
ââHan Shiyuan
9âComparative Perspectives on the Book on Contracts
ââUmberto Celli Jr and Ligia Espolaor Veronese
10âAmbitious Goals for the Book on Personality Rights of the Chinese Civil Code
ââå¼ å®¶åZhang Jiayong
11âComparative Perspectives on the Book on Personality Rights
ââKen Oliphant
12âFormation of the Book of Marriage and Family of Chinese Civil Code, from a Historical Perspective: A Mixture of more Endogenous Resources and less Elements Transplanted from other Civil Law Countries
ââå¾æ¶¤å®Xu Diyu
13âMarriage and Family in the Civil Code of the
ââNicoletta Patti and Antonello Miranda
14âThe Innovations of Succession Part in the Civil Code of the Peopleâs Republic of China
ââ汪æ´Wang Yang and 尹æé¨Yin Siyu
15âComparative Perspectives on the Book on Inheritance
ââGrzegorz J. Blicharz
16âThe Structure and Contents of the Book on Tort Liability of the Chinese Civil Code
ââæ¹æ°åFang Xinjun
17âA Swiss Perspective on the Book on Tort Liability of the Chinese Civil Code
ââFranz Werro
Part 3
The Outer Significance of the Chinese Civil Code
18âThe Significance of the Chinese Civil Code in the Special Administrative Regions of Macao and Hong Kong
ââTong Io Cheng
19âLegal Musings about Environmental Jurisprudence in the Civil Code of China and India: Peeking through a Tortious Liability Lens
ââManjeri Subin Sunder Raj and Ujal Kumar Mookherjee
20âThe 2020 Chinese Civil Code
ââWilliam E. Butler
21âThe Significance of the Chinese Civil Code in Europe
ââMarie Goré
22âThe Significance of the Chinese Civil Code in Africa
ââSalvatore Mancuso
23ââObvious Unfairnessâ and âUnconscionabilityâ
ââJames Gordley and Hao Jiang
Expanded Table of Contents
Index
Academics, professionals and law students interested in Chinese law, legal development and comparative law.