The Making of the Chinese Civil Code
Promises and Persistent Problems

This book is the first attempt in the English language to study and evaluate the new Chinese Civil Code.

Hao Jiang (Edited by), Pietro Sirena (Edited by)

9781009336642, Cambridge University Press

Hardback, published 14 September 2023

350 pages
28 x 19 x 2.5 cm, 0.728 kg

'This book will be an invaluable scholarly resource to anyone engaging with the new Chinese Civil Code. It explores this hugely important enactment both from within, as a matter of Chinese law, and from a broader comparative perspective. In doing so, it contextualises the Chinese Civil Code - its historical evolution, its relationship with other systems, and its contribution to solving modern legal problems in the 21st century. The editors are to be congratulated on bringing together such a stellar line-up of authors to produce this timely and very impressive collection.' Birke Häcker, Schlegel Chair in Civil Law, Common Law and Comparative Law, University of Bonn

The Chinese Civil Code (2020) is the first ever Civil Code in mainland China since 1949. In addition to the consolidation of existing civil legislations, the Code incorporated a number of doctrinal and structural changes that are significant both in and beyond China. The chapters in this volume demonstrate the extent of European influence in Chinese Civil Law and also shows how Chinese law innovates upon those influences. The book shares the insights from both the key Chinese scholars who were directly involved in the drafting process and veteran Western scholars who study Chinese private law.

1. The making of a civil code in China: promises and perils of a new civil law Hao Jiang
2. Personality rights in China's new civil code: a response to increasing awareness of rights in an era of evolving technology Liming Wang and Bingwan Xiong
3. Force majeure or change of circumstances: an enduring dichotomy in Chinese law? Qiao Liu
4. Art. 580 (2) of the Chinese civil code: can the Chinese folk medicine cure serious illness? Shiyuan Han
5. Contractual consent in the new Chinese civil code Catherine Valcke
6. The security interests in Chinese law: some nuances Lei Chen
7. Chinese tort law in the era of the civil code Chunyan Ding
8. Causation in the Chinese civil code: a comparative law appraisal Marta Infantino and Weiwei Wang
9. The aims of tort law across China and the west Mauro Bussani
10. Classifying the passive appreciation of separate property during marriage in the Chinese civil code: a legal and economic analysis Jian He
11. The rule of law in traditional China James Gordley
12. The private law influence of the great Qing code Taisu Zhang
13. The new validity rules in Chinese civil code and Chinese state-owned enterprises' freedom in contracting: one step too far Hao Jiang and Antonia von Appen
14. Chinese civil law and soviet influences: what is left? Gianmaria Ajani
15. The connections between roman law and Chinese civil law: traditions, innovations and environmental protection Enrico Toti
Index.

Subject Areas: Comparative law [LAM]