1st Edition

Comparative Perspectives on the Chinese Civil Code Property Law Across Cultures

Edited By Meiling Huang, Paul J. du Plessis Copyright 2024
    174 Pages 1 B/W Illustrations
    by Routledge

    This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code.

    The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system.

    This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.

    Acknowledgements vii

    List of Contributors viii

    PART 1

    Foundations of Property Law 1

    1 What Is Property? 3


    2 Translation for the Masses: The Poetics of Chinese Property Law 13


    PART 2

    Limited Real Rights 23

    3 Real Rights Less than Ownership in the Civil Code of the People’s Republic of China: How Civilian Are They? 25


    4 The Law of Servitudes in the New Chinese Civil Code Through the Eyes of a Foreign Civilian Lawyer 45


    PART 3

    Regimes of the Disposal of Property 59

    5 A Scots Lawyer Looks at the Chinese Law of Delivery of Goods 61


    6 Flexibilities of the Transfer System Under Chinese Property Law 81


    PART 4

    The System of Secured Transactions 101

    7 A Comparative Study of Chinese and American Registration Systems for Secured Transactions in Movables 103


    8 Atypical Secured Transactions from the Functionalist Perspective 115


    9 Preferential Performance in the Security Contract 138

    JUN LI

    10 Concluding Reflections 148


    Index 159


    Meiling Huang is Professor of Law at the Zhongnan University of Economics and Law, Zhongnan, China.

    Paul J. du Plessis is Professor of Law at Edinburgh University, Edinburgh, UK.