Die Kodifikation des chinesischen Zivilgesetzbuches – ausgewählte Fragen
DOI:
https://doi.org/10.71163/zchinr.2017.183-202Abstract
The codification of the Chinese Civil Code –Selected Issues
Abstract
From a comparative perspective, the paper analyses the General Part of the Chinese Civil Law (GPCCL) which was enacted on 15 March 2017. After exploring general aspects of the codification, comparing the codification with existing civil law norms and shedding light on the influence of German legal tradition, the paper examines in detail selected regulations of each chapter of the codification, namely, general rules, individual and civil rights, doctrine on juridical acts, representation, civil liability and limitation periods.
The author considers the new codification as a good compromise between continuity of existing norms and necessary change highly supported by leading scholars. However, the author states that in comparison to the general part of the German Civil Law Code, the GPCCL is characterized by minimalism which, expressed by succinct formulation of norms, may give rise to implementing problems.
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