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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 People’s 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 People’s 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, People’s Republic of China; Senior Advisor, ‘Faren’ 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, People’s 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, People’s Republic of China; Senior Advisor, ‘Faren’ 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, People’s Republic of China.
Note on Contributors
Part 1
The Overall Framework of the Chinese Civil Code
1 The Chinese Civil Code in Comparative Perspective
Mauro Bussani and Marta Infantino
2 The Chinese Way to the Civil Code
Ivan Cardillo
3 Highlighting the Significance of the Chinese Civil Code
王利明 Wang Liming
Part 2
The Inner Contents of the Chinese Civil Code
4 The General Part of the Civil Code of the
prc
薛军Xue Jun
5 Comparative Perspectives on the General Part of the Chinese Civil Code
Pascal Pichonnaz
6 Reshaping Chinese Real Right Law through the New Chinese Civil Code
朱晓喆Zhu Xiaozhe
7 The New Chinese Civil Code: Outer Perspectives
Sjef van Erp
8 An Introduction to the Book on Contracts of the Civil Code of the
prc
Han Shiyuan
9 Comparative Perspectives on the Book on Contracts
Umberto Celli Jr and Ligia Espolaor Veronese
10 Ambitious Goals for the Book on Personality Rights of the Chinese Civil Code
张家勇Zhang Jiayong
11 Comparative Perspectives on the Book on Personality Rights
Ken Oliphant
12 Formation 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
徐涤宇Xu Diyu
13 Marriage and Family in the Civil Code of the
prc
Nicoletta Patti and Antonello Miranda
14 The Innovations of Succession Part in the Civil Code of the People’s Republic of China
汪洋Wang Yang and 尹思雨Yin Siyu
15 Comparative Perspectives on the Book on Inheritance
Grzegorz J. Blicharz
16 The Structure and Contents of the Book on Tort Liability of the Chinese Civil Code
方新军Fang Xinjun
17 A Swiss Perspective on the Book on Tort Liability of the Chinese Civil Code
Franz Werro
Part 3
The Outer Significance of the Chinese Civil Code
18 The Significance of the Chinese Civil Code in the Special Administrative Regions of Macao and Hong Kong
Tong Io Cheng
19 Legal Musings about Environmental Jurisprudence in the Civil Code of China and India: Peeking through a Tortious Liability Lens
Manjeri Subin Sunder Raj and Ujal Kumar Mookherjee
20 The 2020 Chinese Civil Code
William E. Butler
21 The Significance of the Chinese Civil Code in Europe
Marie Goré
22 The Significance of the Chinese Civil Code in Africa
Salvatore Mancuso
23 ‘Obvious Unfairness’ and ‘Unconscionability’
James Gordley and Hao Jiang
Expanded Table of Contents
Index
Part 1
The Overall Framework of the Chinese Civil Code
1 The Chinese Civil Code in Comparative Perspective
Mauro Bussani and Marta Infantino
2 The Chinese Way to the Civil Code
Ivan Cardillo
3 Highlighting the Significance of the Chinese Civil Code
王利明 Wang Liming
Part 2
The Inner Contents of the Chinese Civil Code
4 The General Part of the Civil Code of the
薛军Xue Jun
5 Comparative Perspectives on the General Part of the Chinese Civil Code
Pascal Pichonnaz
6 Reshaping Chinese Real Right Law through the New Chinese Civil Code
朱晓喆Zhu Xiaozhe
7 The New Chinese Civil Code: Outer Perspectives
Sjef van Erp
8 An Introduction to the Book on Contracts of the Civil Code of the
Han Shiyuan
9 Comparative Perspectives on the Book on Contracts
Umberto Celli Jr and Ligia Espolaor Veronese
10 Ambitious Goals for the Book on Personality Rights of the Chinese Civil Code
张家勇Zhang Jiayong
11 Comparative Perspectives on the Book on Personality Rights
Ken Oliphant
12 Formation 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
徐涤宇Xu Diyu
13 Marriage and Family in the Civil Code of the
Nicoletta Patti and Antonello Miranda
14 The Innovations of Succession Part in the Civil Code of the People’s Republic of China
汪洋Wang Yang and 尹思雨Yin Siyu
15 Comparative Perspectives on the Book on Inheritance
Grzegorz J. Blicharz
16 The Structure and Contents of the Book on Tort Liability of the Chinese Civil Code
方新军Fang Xinjun
17 A Swiss Perspective on the Book on Tort Liability of the Chinese Civil Code
Franz Werro
Part 3
The Outer Significance of the Chinese Civil Code
18 The Significance of the Chinese Civil Code in the Special Administrative Regions of Macao and Hong Kong
Tong Io Cheng
19 Legal Musings about Environmental Jurisprudence in the Civil Code of China and India: Peeking through a Tortious Liability Lens
Manjeri Subin Sunder Raj and Ujal Kumar Mookherjee
20 The 2020 Chinese Civil Code
William E. Butler
21 The Significance of the Chinese Civil Code in Europe
Marie Goré
22 The Significance of the Chinese Civil Code in Africa
Salvatore Mancuso
23 ‘Obvious Unfairness’ and ‘Unconscionability’
James Gordley and Hao Jiang
Expanded Table of Contents
Index
Academics, professionals and law students interested in Chinese law, legal development and comparative law.