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Towards a Chinese Civil Code

Comparative and Historical Perspectives

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Edited by Lei Chen and C.H. (Remco) van Rhee

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911.

The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code.

The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.

100 Years of Chinese Property Law

Looking Back and Thinking 
Forward

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Lei Chen

Can European Property Law be Codified?

Towards the Development of 
Property Notions

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Sjef van Erp

Chinese Medical Negligence Law

How to Distinguish and 
Accommodate Common Law Principles?

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Xiju Zhao

A Common Law-like Civil Law and a Public Face for Private Law

China’s Tort Law in Comparative Perspective

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Jacques deLisle

Conceptualizing the Chinese Trust

Some Thoughts from Europe

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Kenneth G.C. Reid