Chinese Law of Personality Rights I

Chinese Law of Personality Rights I PDF Author: Wang Liming
Publisher: Taylor & Francis
ISBN: 1000607844
Category : Law
Languages : en
Pages : 177

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Book Description
This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.

Chinese Law of Personality Rights I

Chinese Law of Personality Rights I PDF Author: Wang Liming
Publisher: Taylor & Francis
ISBN: 1000607844
Category : Law
Languages : en
Pages : 177

Get Book

Book Description
This volume is a collection of up-to-date, authoritative essays on China’s Law of Personality Rights, its impact in practice and its legal background. The Law of Personality Rights was enacted in China in May 2020, the first time that the Law has been legislated as an independent part of the Civil Code of the People's Republic of China, marking an unprecedented step in protecting the personality rights of citizens. As the first volume of a two-volume set that elucidates the theory, practice and codification experience of the Law in China, the book examines the basis for the Law as a standalone part of the Civil Code, its overall framework and the delimitation and formation of the Law. In terms of practical aspects, the contributors delve into institutional arrangements, the relationship between human rights and personality rights, and the relationship with laws on tort liability, as well as those pertaining to marriage and the family. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law and the legal protection of personality rights.

The Legal Protection of Personality Rights

The Legal Protection of Personality Rights PDF Author: Ken Oliphant
Publisher: BRILL
ISBN: 900435171X
Category : Law
Languages : en
Pages : 237

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Book Description
This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community.

Chinese Law of Personality Rights II

Chinese Law of Personality Rights II PDF Author: Wang Liming
Publisher: Routledge
ISBN: 9781032340708
Category : Law
Languages : en
Pages : 0

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Book Description
This volume is a collection of articles on the codification experience of China's Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

Chinese Law of Personality Rights

Chinese Law of Personality Rights PDF Author: Liming Wang
Publisher:
ISBN:
Category : Personality (Law)
Languages : en
Pages : 0

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Book Description


The Legal Protection of Personality Rights

The Legal Protection of Personality Rights PDF Author: Ken Oliphant
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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Book Description
This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights - the right to life, the right to health, and the rights to reputation and privacy - into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients' personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.

Personality Rights Law of the People's Republic of China-- a Coursebook

Personality Rights Law of the People's Republic of China-- a Coursebook PDF Author: Liming Wang
Publisher:
ISBN: 9780837742922
Category : Data protection
Languages : en
Pages : 0

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Book Description
This book makes a systematic analysis and explanation of personality rights in close combination with the legislative provisions and the legislative spirit in the Book of Personality Rights of the Civil Code of the People's Republic of China, the Personal Data Protection Law, and the judicial practices relating to personality rights. The book consists of two parts: Part one is "General Provisions" on China's Personality Rights Law, namely, an introduction to the general theories of and legal provisions on the Personality Rights Law and personality rights; Part two mainly discusses specific personality rights, to be more exact, a total of 11 specific personality rights.--Publisher.

Chinese Law of Personality Rights II

Chinese Law of Personality Rights II PDF Author: Wang Liming
Publisher: Taylor & Francis
ISBN: 100064930X
Category : Law
Languages : en
Pages : 205

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Book Description
This volume is a collection of articles on the codification experience of China’s Law of Personality Rights, explaining the design of the Law as well as its innovations. As the second volume of a two-volume set that elucidates the theory, practice, and codification of the Law in China, the book explains the legal advancement of the Law of Personality Rights as a standalone part of the Civil Code of China. This includes innovative legislative thinking, law system arrangements, rule designs, and a systematic refinement of the provisions of personality rights in terms of nature, system, types, content, exercising rules and protection methods. Regarding the implementation of the Law, the book points out that personality rights are changing with the times so a more complete system of legal interpretation should be built. The final three chapters are appraisals of different versions of the draft law, with amendments to some articles advanced based on shortcomings and omissions. The book will be an essential reference to scholars and students studying civil law, continental law, Chinese law, and the legal protection of personality rights.

The Civil Code of the People’s Republic of China

The Civil Code of the People’s Republic of China PDF Author: Durham Law School
Publisher: BRILL
ISBN: 9004468285
Category : Business & Economics
Languages : en
Pages : 477

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Book Description
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.

China's Legal System

China's Legal System PDF Author: Jingwen Zhu
Publisher: Springer Nature
ISBN: 981198994X
Category : Law
Languages : en
Pages : 306

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Book Description
This book provides a systematic and detailed introduction to the formation process and current development of China's socialist legal system. The classification of the constitution and constitution-related laws, criminal law, civil and commercial law, administrative law, economic law, litigation and non-litigation procedural law, social law, and the specifics of each sector of law are explained, which is a good guide for understanding the framework of China's legal system and the study of each sector of jurisprudence.

The Law of Unjust Enrichment in China: Necessary or Not?

The Law of Unjust Enrichment in China: Necessary or Not? PDF Author: Siyi Lin
Publisher: Springer Nature
ISBN: 3031061780
Category : Law
Languages : en
Pages : 297

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Book Description
This book is the first book focusing on the Chinese law of unjust enrichment in English and introducing it to Western jurisdictions. Unjust enrichment is currently one of the most controversial areas of law in many jurisdictions and rife with academic debate. This book analyzes the historical evolution, current doctrines, and relationships of unjust enrichment with other areas of private law in China​. It also provides insights into judicial practice. In May 2020, China promulgated its first-ever Civil Code since the establishment of the People's Republic of China, which is a milestone in the history of Chinese law. Before the Civil Code, there was only one legal provision regulating unjust enrichment, which requires a person obtaining benefits “without a legal basis” to return such benefits. However, the new Civil Code contains a separate chapter regulating unjust enrichment. This book analyzes and evaluates those new provisions in the Civil Code to provide a most up-to-date analysis of ​the Chinese law of unjust enrichment.