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Chinese Conflicts of Law: A Restatement and Legisprudence Proposal


ISBN13: 9780854902477
Published: February 2018
Publisher: Wildy, Simmonds and Hill Publishing
Country of Publication: UK
Format: Hardback
Price: £65.00



In stock.

A pioneering systematization of Chinese legislation, regulations, judicial instructions and directives, doctrinal materials, and selected judicial practice relating to private international law, set out in the form of a Restatement, with commentary, followed by a draft Code which distils the best of the material and makes suggestions for improvements or offers a rationale for retaining the existing rules – drawing upon leading worldwide experience and trends.

Dr. Zhu offers a learned, insightful, and informed illumination of a singularly obscure and complex domain of Chinese law, offering reasoned solutions or approaches that legal practitioners, academic lawyers, and policymakers will find instructive.

Subjects:
Comparative Law, Jurisprudence, Other Jurisdictions , Wildy, Simmonds and Hill, China, Asia
Contents:
Acknowledgements;
Foreword;
Abbreviations;
INTRODUCTION

PART 1: HISTORY

1. HISTORICAL ROOTS OF CONFLICT RULES IN CHINA;
2. PHILOSOPHICAL EVOLUTION OF CONFLICTS OF LAW THROUGH A WESTERN LENS

PART 2: RESTATEMENT

1. OVERVIEW
2. GENERAL PROVISIONS;
3. LIMITATIONS ON APPLICATION OF FOREIGN LAW;
4. HABITUAL RESIDENCE;
5. CIVIL SUBJECTS
6. JURISDICTION;
7. STATUS;
8. INHERITANCE;
9. PROPERTY
10. CONTRACT
11. AGENCY;
12. TRUSTS;
13. TORT;
14. UNJUST ENRICHMENT AND NEGOTIORUM GESTIO;
15. INTELLECTUAL PROPERTY;
16. NEGOTIABLE INSTRUMENTS;
17. MARITIME MATTERS;
18. CIVIL AIRCRAFT;
19. INTER-REGIONAL CONFLICTS OF LAW;
20. RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS

PART 3: LEGISPRUDENCE

1. THE RATIONAL PARADIGM OF CONFLICTS OF LAW WITH CHINESE CHARACTERISTICS;
2. DRAFT CODE ON CONFLICTS OF LAW OF THE PEOPLE’S REPUBLIC OF CHINA;
3. CONCLUSION;

BIBLIOGRAPHY

Series: JCL Studies in Comparative Law

Comparative Legal Reasoning: Essays in Honour of Geoffrey Samuel
Edited by: Simone Glanert
ISBN 9780854902484
Published April 2018
Wildy, Simmonds and Hill Publishing
£65.00
Turkey and the International Law of the Sea ISBN 9780854902392
Published November 2017
Wildy, Simmonds and Hill Publishing
£65.00
Interdisciplinary Study and Comparative Law ISBN 9780854902101
Published September 2016
Wildy, Simmonds and Hill Publishing
£65.00
Reflections on the Supreme Court of Ghana ISBN 9780854901562
Published June 2015
Wildy, Simmonds and Hill Publishing
£65.00
The Interaction of Legal Systems: Post-Soviet Approaches ISBN 9780854901616
Published April 2015
Wildy, Simmonds and Hill Publishing
£65.00
Natural Law and Comparative Law ISBN 9780854901548
Published January 2015
Wildy, Simmonds and Hill Publishing
£65.00
The Legal Regime of Chinese Overseas Investment ISBN 9780854901531
Published December 2014
Wildy, Simmonds and Hill Publishing
£65.00
The 1980 Hague Abduction Convention: Comparative Aspects
Edited by: Robert Rains
ISBN 9780854901517
Published November 2014
Wildy, Simmonds and Hill Publishing
£65.00
Teaching Legal History: Comparative Perspectives ISBN 9780854901456
Published May 2014
Wildy, Simmonds and Hill Publishing
£65.00
Pasolini's Italian Premonitions: Same-Sex Unions and the Law in Comparative Perspective ISBN 9780854901357
Published May 2014
Wildy, Simmonds and Hill Publishing
£65.00
A Court in the City: Civil and Commercial Litigation in London at the Beginning of the 21st Century ISBN 9780854901319
Published October 2013
Wildy, Simmonds and Hill Publishing
£65.00
Using Legal Culture
Edited by: David Nelken
ISBN 9780854901180
Published September 2012
Wildy, Simmonds and Hill Publishing
£65.00
Global Wrongs and Private Law Remedies and Procedures ISBN 9780854900916
Published September 2011
Wildy, Simmonds and Hill Publishing
£65.00
Foundations of Comparative Law: Methods and Typologies ISBN 9780854900923
Published April 2011
Wildy, Simmonds and Hill Publishing
£65.00
Mixed Legal Systems at New Frontiers
Edited by: Esin Orucu
ISBN 9780854900701
Published May 2010
Wildy, Simmonds and Hill Publishing
£65.00
Building the Civilization of Arbitration ISBN 9780854900688
Published April 2010
Wildy, Simmonds and Hill Publishing
£65.00
Constitutional Courts: A Comparative Study ISBN 9780854900633
Published November 2009
Wildy, Simmonds and Hill Publishing
£65.00