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Author: Xinbao Zhang
Publisher: Springer
ISBN: 9811069611
Category : Law
Languages : en
Pages : 549
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Book Description
This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.
Author: Xinbao Zhang
Publisher: Springer
ISBN: 9811069611
Category : Law
Languages : en
Pages : 549
Get Book Here
Book Description
This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.
Author: Lei Chen
Publisher: Martinus Nijhoff Publishers
ISBN: 9004204873
Category : Law
Languages : en
Pages : 577
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Book Description
Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Author: Yun-chien Chang
Publisher: Cambridge University Press
ISBN: 1107154243
Category : Law
Languages : en
Pages : 361
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Book Description
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Author: Mauro Bussani
Publisher: Edward Elgar Publishing
ISBN: 1789905982
Category : Law
Languages : en
Pages : 584
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Book Description
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author: Larry A. DiMatteo
Publisher: Cambridge University Press
ISBN: 1107176328
Category : Law
Languages : en
Pages : 545
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Book Description
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
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.
Author: Xiang Li
Publisher: Springer
ISBN: 3642410243
Category : Law
Languages : en
Pages : 322
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Book Description
The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.
Author: Mo Zhang
Publisher: BRILL
ISBN: 9004414789
Category : Law
Languages : en
Pages : 495
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Book Description
Chinese Contract Law (2nd Ed) offers an in-depth analysis of the contract making process, performance and remedies in the legal framework established under the current regulatory scheme governing contracts in China. The book discusses various contract issues from theoretic and practical viewpoints, and addresses major contractual matters in a comparative way. It examines the law of contracts as drafted, interpreted and applied with Chinese characteristics. The second edition comprises the latest developments in contract legislation, adjudication and practices in China, including the newly adopted laws, judicial interpretations and guiding cases. It emphasizes contextual distinctions and transactional considerations relevant to contract research and practice. The book provides a meaningful tool to get inside the contemporary contract law of China.
Author: Zhu Wang
Publisher: Springer Nature
ISBN: 9811379009
Category : Law
Languages : en
Pages : 351
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Book Description
This book explains the urgent necessity to compile a Civil Code and calls for constitutional awareness in compiling that Civil Code, highlighting the need for it to be done in a democratic and scientific manner. It advocates “Pragmatic Methods” as a new approach to compiling a Civil Code of China and shares the author’s thoughts on the constitutionality of compiling a Civil Code, explains the object that is to be judged in terms of its constitutionality, and the constitutionality of legal interpretation, of legislative procedures and of legal application. The book also illustrates the author’s “mode of the codifying of non-basic laws” for compiling a Civil Code, and includes a detailed discussion on compiling a Civil Code to reveal how many valid laws there are China – a matter that is of vital importance to the compilation of the Civil Code.The Appendix includes statistics on the number of civil cases classified according to causes of actions, based on “Judicial Opinions of China” website, which is the first step of the author’s plan to investigate civil customs reflected in judgment documents with the help of big-data analytical methods.
Author: Paolo Davide Farah
Publisher: Routledge
ISBN: 1317167198
Category : Law
Languages : en
Pages : 695
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Book Description
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
