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Borderlines in Private Law

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From Administrative Authorisation to Private Law


ISBN13: 9780792332008
ISBN: 0792332008
Published: July 1996
Publisher: Brill Academic Publishers
Format: Hardback
Price: £220.00



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This work is an in-depth, comparative study of the nature of civil and commercial law and of its development in China. It focuses on the complex interrelations and interactions between Party and state policies and measures, scholars' theoretical efforts and the development of civil and commercial law, especially the development of the institutions of legal personality and of property rights in China. It also analyzes the underlying influences of foreign legal systems and legal theories as well as the difficulties experienced by Chinese law makers and scholars in applying these theories. The book provides insights into the role of law and the transformation of Chinese civil and commercial law, as now occurring in China.;The book should be a valuable reference source for scholars who wish to explore the subject of the transformation of civil and commercial law in contemporary China.

Contents:
Historical Background - the Development of Civil Law in China before 1949. The Development of Civil Law and Changing Conceptions of Civil Law in the PRC. Economic Reform, Administrative Authorization and Legal Personality of Economic Entities. Legal Persons in Chinese Civil Law and Jurisprudence. Between the Old and the New: Equality among Unequals and the Battle Fronts of Civil Law Development in the PRC. Changing Conceptions of Property Rights in the PRC in a Comparative Perspective. Chinese Theories on the Right of Operation: the Search for a Socialist Solution. Securitization: a Capitalist Tool for a Socialist Solution? Enterprise Grouping: an Indirect Solution to a Fundamental Problem? Conclusion and Future Prospects. Selected Bibliography: Materials in English. Selected Bibliography: Materials in Chinese.