New PDF release: Chinese Civil Law

By Yuanshi Bu

ISBN-10: 1849464030

ISBN-13: 9781849464031

China is an immense civil legislations jurisdiction. because the finish of the Nineties, nice efforts were made in China to codify the whole civil legislations. With the main statutes governing contracts, estate, torts, and clash of legislation (promulgated in 1999, 2007, 2009, and 2010 respectively), the main an important steps were taken in the direction of the production of a chinese language civil code. This e-book sheds gentle on either the theoretical and the sensible elements of chinese language civil legislation, whereas vast footnotes, besides a close bibliography and index, permit for extra research of particular parts and facilitate systematic examine. It addresses legislations normally, in addition to agreement legislations, tort legislations, estate legislations, and the clash of legislation. The e-book is a mixture of the general photo of the categorical fields of legislations and a radical research of primary concerns. it is also a particular bibliography of courses in English, designated details on English translations of chinese language laws on hand within the public area, and lists of the proper statutes and judicial interpretations.

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Sample text

Art. 2 of the Interim Regulations on Registration and Administration of Institutions. 00mm Chapter 2. 22 The concept, “legal person”, used to be a controversial topic in China since it touches on the basic principle of operating a state-owned enterprise. 25 12 Art. 37 GPCL sets out four minimum requirements of a legal person: (1) it is set up in accordance with the law; (2) it has the necessary assets or funds;26 (3) it has its name, necessary organisation, and the premise; (4) it is able to assume civil liabilities independently.

402 CL, an agent is permitted to enter into a contract with a third 39 party under the agent’s own name. 86 Scholars have argued that art. 87 Art. 403 CL further states that if the third party is not aware of the agency 40 relationship when entering into the agreement with the agent and the third party fails to perform its contractual obligations, the agent should disclose the identity of the third party to the principal. 88 Similarly, under art. 89 Some scholars believe that art. 403 CL sets out the “agent of an undisclosed principal” rule under common law jurisdictions:90 The third party is neither aware of the agency authorisation nor the name of the principal.

Statute of Limitation, Cut-off Period and Laches Defence The statute of limitations needs to be distinguished from the cut-off period, and 8 the laches defence. The statute of limitations is generally applicable to the right of 12 最高人民法院关于民事诉讼证据的若干规定, promulgated by the SPC on 21st December, 2001 and effective from 1st April, 2002. 13 Yang Lixin, 111–112. 14 Ibid. 15 Ibid. 16 Liu Jinwei, 16–17. 17 Art. 170 Opinions on the GPCL. 18 Art. 1 of the Rules on Periods of Limitation. china. htm. 20 Ibid.

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Chinese Civil Law by Yuanshi Bu


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