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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: Out of print



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 Studies 1750-1835: Approaches to Conceptulization in 2 Volumes ISBN 9780854902729
Published April 2019
Wildy, Simmonds and Hill Publishing
Out of print
Comparative Legal Reasoning: Essays in Honour of Geoffrey Samuel
Edited by: Simone Glanert
ISBN 9780854902484
Published April 2018
Wildy, Simmonds and Hill Publishing
Out of print
Turkey and the International Law of the Sea ISBN 9780854902392
Published November 2017
Wildy, Simmonds and Hill Publishing
£95.00
Interdisciplinary Study and Comparative Law ISBN 9780854902101
Published September 2016
Wildy, Simmonds and Hill Publishing
Out of print
Reflections on the Supreme Court of Ghana ISBN 9780854901562
Published June 2015
Wildy, Simmonds and Hill Publishing
£70.00
The Interaction of Legal Systems: Post-Soviet Approaches ISBN 9780854901616
Published April 2015
Wildy, Simmonds and Hill Publishing
Out of print
Natural Law and Comparative Law ISBN 9780854901548
Published January 2015
Wildy, Simmonds and Hill Publishing
£95.00
The Legal Regime of Chinese Overseas Investment ISBN 9780854901531
Published December 2014
Wildy, Simmonds and Hill Publishing
Out of print
The 1980 Hague Abduction Convention: Comparative Aspects
Edited by: Robert Rains
ISBN 9780854901517
Published November 2014
Wildy, Simmonds and Hill Publishing
Out of print
Teaching Legal History: Comparative Perspectives ISBN 9780854901456
Published May 2014
Wildy, Simmonds and Hill Publishing
£95.00
Pasolini's Italian Premonitions: Same-Sex Unions and the Law in Comparative Perspective ISBN 9780854901357
Published May 2014
Wildy, Simmonds and Hill Publishing
Out of print
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
£95.00
Using Legal Culture
Edited by: David Nelken
ISBN 9780854901180
Published September 2012
Wildy, Simmonds and Hill Publishing
Out of print
Global Wrongs and Private Law Remedies and Procedures ISBN 9780854900916
Published September 2011
Wildy, Simmonds and Hill Publishing
Out of print
Foundations of Comparative Law: Methods and Typologies ISBN 9780854900923
Published April 2011
Wildy, Simmonds and Hill Publishing
Out of print
Mixed Legal Systems at New Frontiers
Edited by: Esin Orucu
ISBN 9780854900701
Published May 2010
Wildy, Simmonds and Hill Publishing
Out of print
Building the Civilization of Arbitration ISBN 9780854900688
Published April 2010
Wildy, Simmonds and Hill Publishing
Out of print
Constitutional Courts: A Comparative Study ISBN 9780854900633
Published November 2009
Wildy, Simmonds and Hill Publishing
Out of print