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Jurisprudence and Practical Logic of Civil Code

Autor Xianzhong Sun
en Limba Engleză Hardback – 27 sep 2024
This book is a collection of articles that the author has pondered for a long time on the legal theory and practice of China's civil law. It mainly discusses the systematic, scientific and practical issues of Chinese civil law. At the macro level, it covers the relationship between the general provisions and the specific provisions of the Civil Code, the introduction, decline and revival of the Pandekton system in the process of drafting the Civil Code in China, and the important position of the Civil Code in the national governance system; at the meso level, it analyses the legislative arrangement and practical significance of the real right of the Civil Code; at the micro level, it explains the attribute of "unauthorised disposal" and the legal basis for the abolition of this clause in the Contract Law.
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Specificații

ISBN-13: 9789819711185
ISBN-10: 9819711185
Pagini: 400
Ilustrații: Approx. 400 p.
Dimensiuni: 155 x 235 mm
Ediția:2024
Editura: Springer Nature Singapore
Colecția Springer
Locul publicării:Singapore, Singapore

Cuprins

Systematization and Scientific Problems of Chinese Civil Law Legislation.- A Research Report on the Compilation System of China's Civil Code.- Suggestions on Adhering to the Principle of Combining Reality and Science and Actively Promoting the Compilation of the Civil Code.- On the Jurisdictional Compliance Relationship Between the General Provisions and the Subprovisions of the Civil Code.- China's "Civil Code" State Governance and Functional Thinking.- Instructions for the Preparation of the Scholar's Proposal in the "Legal Behavior" Chapter of the "Civil Code General Provisions.- Basic Rights and Basic Analysis Methods in Civil Law.- The Background and Significance of Adopting the Principle of Distinction in China's Civil Code.- How to Understand the "Civil Code·Property Rights.- The Succession of Chinese Civil Law to Pandekten Jurisprudence: Introduction, Decline and Revival.- The Civil Code (Draft) Deletes the "Disposal without Right" Clause in the Theoretical Basis of the Contract Law.


Notă biografică

Xianzhong Sun is a Member of the Chinese Academy of Social Sciences (CASS), Professor of Law Institution of CASS . He also serves as a Member of the Supreme People's Court's Judge Selection Committee, a special Supervisor of the Supreme People's Court, a Member of the Supreme People's Procuratorate's Selection Committee, a special Supervisor of the Supreme People's Procuratorate, and an expert advisory member of the Supreme People's Procuratorate. He served as the executive Director of the China Law Society, the Member of the Academic Committee of the China Law Society, and the executive vice president of the China Civil Law Society. He has published more than 30 monographs and coauthors. He has published more than 100 specialty’s papers (including more than 30 papers published in the best Chinese law science magazine) and more than 140 legal science theoretical articles.


Textul de pe ultima copertă

This book is a collection of articles that the author has pondered for a long time on the legal theory and practice of China's civil law. It mainly discusses the systematic, scientific and practical issues of Chinese civil law. At the macro level, it covers the relationship between the general provisions and the specific provisions of the Civil Code, the introduction, decline and revival of the Pandekton system in the process of drafting the Civil Code in China, and the important position of the Civil Code in the national governance system; at the meso level, it analyses the legislative arrangement and practical significance of the real right of the Civil Code; at the micro level, it explains the attribute of "unauthorised disposal" and the legal basis for the abolition of this clause in the Contract Law.
 

Caracteristici

Reviews the compilation process of China's Civil Code Presents the past and present of China’s Civil Code Discusses the systematic, scientific, and practical aspects of Chinese civil law legislation