David M Jones

Basic Principles of Civil Law in China (eBook, ePUB)

• Format: ePub

Produktbeschreibung

This is an abridged translation of the principal Chinese textbook on civil law, which was published as part of the restructuring of China's legal system following the Third Plenum of the Chinese Communist Party in late 1978. Because the closest thing China has to a civil code - the General Provisions of Civil Law enacted in 1986 - is very incomplete, this treatise is an authoritative source on the subject. "Basic Principles of Civil Law in China" translates those portions of the Chinese text that are likely to be most useful for foreigners dealing with China, such as material on contracts, torts, joint-ventures, negotiable instruments and technology transfer. It also contains general material on such matters as agency and partnership, the general principles of juristic persons, and statutes of limitations.

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Produktdetails

• Verlag: Taylor & Francis
• Seitenzahl: 420
• Erscheinungstermin: 25. Juli 2019
• Englisch
• ISBN-13: 9781315491479
• Artikelnr.: 57246842

Autorenporträt

William C. Jones

Inhaltsangabe

Editor's Introduction
PART I: GENERAL DISCUSSION OF CIVIL LAW 1. Introduction 2. The General Concept of Civil Law of the People's Republic of China
I The Objects of Adjustment of Our Country's Civil Law
II The Differences Between Civil Law and Other Types of Law
III The Basic Principles of the Civil Law of the People's Republic of China
IV The Sources of Our Country's Civil Law
V The Interpretation of Civil Law Norms
VI The Scope and Application of Civil Law
3. Civil Law Relationships
I General Discussion of Civil Law Relationships
II Legal Facts
III The Essentiai Elements of Civil Law Relations
IV The Types of Civil Law Rights
V Prohibition of the Abuse of Rights
VI The Protection of Civil Law Rights
VII Civil Responsibility
4. Citizens
I The Legal Position of Citizens
II The Capacity of Our Country's Citizens to Have Civil Law Rights [Rechtsfähigkeit]
III The Capacity of Citizens to Act [Handlungsfähigkeit]
IV Guardianship
V Names
Household Registration
and Domicile
5. Juristic Persons
I The General Nature and Characteristics of Juristic Persons
II The Appearance
Development
and Use of the Institution of the Juristic Person
III Types of Juristic Persons
IV The Establishment of Juristic Persons and Their Conditions
V The Juristic Person's Capacity to Hold Rights and Capacity to Act
VI The Alteration or Dissolution of a Juristic Person
VII The Name
Domicile
and Production Mark
VIII State Supervision of Juristic Persons
6. Partnerships and Joint Ventures
I The General Concept and Special Characteristics of Partnerships and Joint Ventures
II The Formation of Partnerships and Joint Ventures
III The Management and Controi of the Property of Partnerships and Joint Ventures
IV Alteration or Termination of a Partnership or Joint Venture
7. Propert y [Sachen]
I The General Concept of Property [Things-Sachen]
II Different Types of Property
III Money and Negotiable Instruments
IV Foreign Exchange
8. Juristic Acts
I The General Concept of Juristic Acts
II Types of Juristic Acts
III Forms of Juristic Acts
IV Conditions for the Effectiveness of Juristic Acts
V Conditional Juristic Acts and Juristic Acts With a Time Limit
VI Ineffective Civil Law Acts and Their Consequences
9. Representation
I The General Concept of Representation
II The Basis for the Creation of Representation and the Types of Representation
III Certificate of Representation
IV The End of a Representation Relationship
V Representation Without Authority
10. Prescription
I General Discussion of the System of Prescription
II Procedural Prescription
III Suspending
Cutting Off
or Prolonging Prescription
PART II: PROPERTY [Chapters 11-17 Omitted]
PART III: OBLIGATIONS
18. The General Statements of Obligations
I The Concept and Meaning of Obligations
II Types of Obligations
III The Bases for Obligations Coming into Existence
IV Performance of Obligations
V Nonperformance of an Obligation
VI Changes in Obligations
VII Termination of an Obligation
VIII Guaranty of Obligations
19. Obligations Arising from Acts that Infringe on Rights [Delicts]
I The Concept and Characteristics of Obligations Arising from Acts that Infringe on Rights
II The Essentiai Conditions for Civil Responsibility for Acts in Infringement of Rights
III Several Specijic Types of Civil Responsibility for Acts in Infringement of Rights
IV The Scope and Methods of Compensation for Injuries Caused by the Infringement of Rights
20. Unjust Enrichment and Management of Affairs Without Mandate [Negotiorum Gestio]
I Obligations that Arise Out of Unjustijied Enrichment
II Obligations that Arise Out of Management of Affairs Without Mandate [Negotiorum Gestio]
21. Obligations Arising Out of Contract
I The General Concept of Contract
11 The Evolution of the System of Contracts
III The Nature and Function of Our Country's System of Contracts
IV The Types of Contracts
V The Forms of Contracts
VI The Formation of Contracts
V1I Essentiai Provisions of Contracts
22. Contracts of Sale
Exchange
and Gift
I The General Concept of the Contract of Sale
II The Object and Price of the Contract of Sale
III The Rights and Duties of Parties to a Contract of Sale
IV Transfer of the Ownership (or Management Right) of the Object and Liability for Unintentional Loss
V Contracts for the Purchase and Sale of Industrial and Mineral Products
VI Contracts for the Purchase and Sale of Agriculturai Sideline Products
VII The Contract of Exchange
VIII The Contract of Gift
23. Contract of Hire
I An Introduction to the Contract of Hire
II The Rights and Obligations of the Parties to a Contract of Hire
III Capital Construction Contracts
24. The Contract of Lease
I General Discussion of Contracts of Lease
II Contracts of Lease for Ordinary Property
III The Lease of Buildings
25. Loans for Consumption and Loans for Use
I General Discussion of the Loan for Consumption
II The Contract of Debt
III The Legal Relation of Settling Accounts
IV Other Loans for Consumption
V Loans for Use
26. Transport Contracts
I A Brief Introduction to Transport Contracts
II The Major Rights and Obligations of the Parties to a Contract of Transportation Involving Goods
III The Contract for the Transport of Goods by Rail
IV Other Contracts for the Transport of Goods
V [Contracts for] the Carriage of Passengers
Their Baggage
and Bundles
VI The Coordinated Contract of Transport
27. Contracts of Deposit
I Contracts of Deposit
II The Most lmportant Rights and Duties of Parties to a Contract of Deposit
28. Partnership Contracts
I General Discussion of Partnership Contracts
II The Principal Rights and Duties of Parties to a Partnership Contract
III The Formation and Termination of a Partnership Contract
29. Mandate
Commission Agency
and Brokerage Contracts
I The Contract of Mandate
II The Contract of Commission Agency
III The Brokerage Contract
30. Technology Contracts
I A General Discussion of Technology Contracts
II Technology Development Contracts
III Contracts for the Transfer of Technology
IV Technology Service Contracts
31. The Contract of Insurance
I A General Discussion of the Contract of lnsurance
II The Classijication of Insurance and the Meaning of the Bask Terms of the Legal Relationship of Insurance
III The Formation of Insurance Contracts
Principal Rights
and Duties of the Parties
IV The Procedure for Demanding that the Insurer Perform His Obligations
32. Foreign Economic Contracts
I Foreign Economic Contracts and Our Country's Foreign Economic Contract Law
II Formation of Foreign Economic Contracts
III Performance of the Contract and the Guaranty of the Performance of the Contract
IV Liability for Breach of Contract
V The Assignment
Amendment
Canceilation
and Termination of Foreign Economic Contracts
VI The Settlement of Disputes
VII The Question of the Applicable Law of the Contract