Towards a Chinese Civil Code

Lei Chen, LLD (2008), is Assistant Professor at the School of Law, City University of Hong Kong. He has published extensively on Chinese Private Law and Comparative Law, including his recently published "The Making of Chinese Condominium Law" (Intersentia, 2010). C.H. (Remco) van Rhee, Ph.D. (1997), Maastricht University, Faculty of Law, is Professor of European Legal History and Comparative Civil Procedure. He has published extensively on European Legal History and Comparative Civil Procedure, and is general editor and main author of the best-selling European Traditions in Civil Procedure (Intersentia, 2005).

"The book has laid a solid foundation for future research on the topic and provided excellent comparative insight on codification."-Peter CH Chan, City University of Hong Kong

• ContentsAcknowledgementsList of ContributorsIntroduction: Lei Chen and C.H. (Remco) van RheeGeneralThe Systematization of the Chinese Civil Code: Liming WangFrom a Supplementary Legislator to a Legitimate Judicial Lawmaker - On the Role of the Supreme People’s Court in Developing the Law in Mainland China: Zhenbao JinFactors Ensuring the Success or Failure of Draft Codifications. Some European Experiences: Dirk HeirbautProperty Law100 Years of Chinese Property Law: Looking Back and Thinking Forward: Lei ChenRestructuring Modern Property Law on a Theoretical Basis: Weiguo WangCan European property law be codified? Towards the development of property notions: Sjef van ErpA Comparative Assessment of the Provisions of the New Chinese Property Code on Condominiums: Cornelius G. van der MerweConceptualizing the Chinese Trust: Some Thoughts from Europe: Kenneth G.C. ReidContract LawA Snapshot of Chinese Contract Law from an Historical and Comparative Perspective: Shiyuan HanCodification in Europe and China: What Makes Contract Law Special?: Jan M. SmitsService Contracts in Chinese Contract Law: An Approach according to the European Draft Common Frame of Reference: Knut Benjamin PislerThird Party Rights in Contract: A Case Study on Codifying and not Codifying: Hector L. MacqueenTort lawThe Bases of Liability in Chinese Tort Liability Law—Historical and Comparative Perspectives: Yan ZhuA Common Law-like Civil Law and a Public Face for Private Law: China’s Tort Law in Comparative Perspective: Jacques deLisle Uncertain Causes: The Chinese Tort Liability Law in Comparative Perspective: Ken OliphantChinese Medical Negligence Law: How to Distinguish and Accommodate Common Law Principles?: Xiju ZhaoThe Great Spill in the Gulf … and a Sea of Pure Economic Loss: Reflections on the Boundaries of Civil Liability: Vernon V. PalmerCivil procedureThe Position of Judges in Civil Litigation in Transitional China - Judicial Mediation and Case Management: Yulin Fu and Zhixun CaoThe Influence of the 1895 Austrian ZPO in the Netherlands: C.H. (Remco) van RheeJudicial Case Management in France—Tradition into Modernity: About some Aspects of Contemporary Tendencies in French Civil Procedure: Loïc Cadiet