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Comparative Perspectives on the Chinese Civil Code: Property Law Across Cultures book cover

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

174 Pages 1 B/W Illustrations
by Routledge

174 Pages 1 B/W Illustrations
by Routledge
Also available as eBook on:
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... Read more

Acknowledgements vii

List of Contributors viii

PART 1

Foundations of Property Law 1

1 What Is Property? 3

MEILING HUANG

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

FRANCESCA IURLARO

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

ASYA OSTROUKH

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

MARIA ITHURRIA

PART 3

Regimes of the Disposal of Property 59

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

CRAIG ANDERSON

6 Flexibilities of the Transfer System Under Chinese Property Law 81

JING ZHANG

PART 4

The System of Secured Transactions 101

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

HONGFEI XIE

8 Atypical Secured Transactions from the Functionalist Perspective 115

JIAYONG ZHANG

9 Preferential Performance in the Security Contract 138

JUN LI

10 Concluding Reflections 148

PAUL J. DU PLESSIS

Index 159

Biography

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.

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