Towards a Chinese civil code : comparative and historical by C. H. Van Rhee Lei Chen

By C. H. Van Rhee Lei Chen

Presently, China is drafting its new Civil Code. in contrast heritage, the chinese language criminal neighborhood has proven a starting to be curiosity in numerous felony and legislative rules from around the globe. ''Towards a chinese language Civil Code'' goals at delivering the mandatory ancient and comparative felony views. The publication addresses the subsequent subject matters: estate legislation, agreement legislation, tort legislations and civil strategy

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28 Liming Wang 3. The Law of Succession. e. the disposal and distribution of personal property after death, it mirrors specific personal relations. Therefore, it falls within the category of personal rights and should be placed in the third part. 4. The Law of Rights in Rem. As mentioned above, rights in rem are less closely linked with personal rights and more properly incorporated lower in the hierarchy. 5. The General Principles of Obligations. From a systematic perspective, it is more suitable to place the Law of Obligations after the Law of Rights in Rem.

Consequently, the existing laws were absorbed into this draft. Lastly, the Law of Personality, the Tort Liability Law and the rules on the Application of Laws to Civil Relations with Foreign Aspects were codified as separate parts in the draft Civil Code. This is a breakthrough in the traditional Chinese private law legislation based on the European Continental legal system and is significant from the perspective of the German Pandekten System. Given the complexity of the Civil Code, the drafting process advanced step by step.

However, according to widely shared opinion, these Gazette Cases are not binding precedents like those in common law jurisdictions. It is at the discretion of the judges whether to follow them when deciding current cases. Deviation from the legal opinions held in certain Gazette Cases requires no increased reasoning burden and does not constitute a ground for retrial of the case. Besides, 38 Hao Dong, “A Research on Cases Published by the SPC in its Gazette (zuigao renmin fayuan gongbao fabu anli zhi yanjiu),” People’s Judiciary (Renmin Sifa) 6 (2002): 18-20.

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