William C. Jones - Basic Principles of Civil Law in China

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Basic Principles of CIVIL LAW in China

THE CHINESE COMMUNIST PARTYS NOMENKLATURA SYSTEM

Edited by John P. Burns

THE ASIATIC MODE OF PRODUCTION IN CHINA

Edited by Timothy Brook

BASIC PRINCIPLES OF CIVIL LAW IN CHINA

Edited by William C. Jones

Basic Principles of CIVIL LAW in China

Edited by WILLIAM C. JONES

First published 1989 by M.E. Sharpe

Published 2015 by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright 1989 Taylor & Francis. All rights reserved.

No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notices

No responsibility is assumed by the publisher for any injury and/or damage to persons or property as a matter of products liability, negligence or otherwise, or from any use of operation of any methods, products, instructions or ideas contained in the material herein.

Practitioners and researchers must always rely on their own experience and knowledge in evaluating and using any information, methods, compounds, or experiments described herein. In using such information or methods they should be mindful of their own safety and the safety of others, including parties for whom they have a professional responsibility.

Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Library of Congress Cataloging-in-Publication Data

Min fa yan li. English. Selections.

Basic principles of civil law in China.

Selected translation of : Min fa yan li.

1. Civil lawChina. I. Jones, William C. II. Title.

LAW346.5189-10667

345.106

ISBN 13: 9780873325745 (hbk)

CONTENTS

William C. Jones

I
The Objects of Adjustment of Our Countrys Civil Law

II
The Differences Between Civil Law and Other Types of Law

III
The Basic Principles of the Civil Law of the Peoples Republic of China

IV
The Sources of Our Countrys Civil Law

V
The Interpretation of Civil Law Norms

VI
The Scope and Application of Civil Law

I
General Discussion of Civil Law Relationships

II
Legal Facts

III
The Essential Elements of Civil Law Relations

IV
The Types of Civil Law Rights

V
Prohibition of the Abuse of Rights

VI
The Protection of Civil Law Rights

VII
Civil Responsibility

I
The Legal Position of Citizens

II
The Capacity of Our Countrys Citizens to Have Civil Law Rights [Rechtsfhigkeit]

III
The Capacity of Citizens to Act [Handlungsfhigkeit]

IV
Guardianship

V
Names, Household Registration, and Domicile

I
The General Nature and Characteristics of Juristic Persons

II
The Appearance, Development, and Use of the Institution of the Juristic Person

III
Types of Juristic Persons

IV
The Establishment of Juristic Persons and Their Conditions

V
The Juristic Persons Capacity to Hold Rights and Capacity to Act

VI
The Alteration or Dissolution of a Juristic Person

VII
The Name, Domicile, and Production Mark

VIII
State Supervision of Juristic Persons

I
The General Concept and Special Characteristics of Partnerships and Joint Ventures

II
The Formation of Partnerships and Joint Ventures

III
The Management and Control of the Property of Partnerships and Joint Ventures

IV
Alteration or Termination of a Partnership or Joint Venture

I
The General Concept of Property [ThingsSachen]

II
Different Types of Property

III
Money and Negotiable Instruments

IV
Foreign Exchange

I
The General Concept of Juristic Acts

II
Types of Juristic Acts

III
Forms of Juristic Acts

IV
Conditions for the Effectiveness of Juristic Acts

V
Conditional Juristic Acts and Juristic Acts With a Time Limit

VI
Ineffective Civil Law Acts and Their Consequences

I
The General Concept of Representation

II
The Basis for the Creation of Representation and the Types of Representation

III
Certificate of Representation

IV
The End of a Representation Relationship

V
Representation Without Authority

I
General Discussion of the System of Prescription

II
Procedural Prescription

III
Suspending, Cutting Off, or Prolonging Prescription

[Chapters 1117 Omitted]

I
The Concept and Meaning of Obligations

II
Types of Obligations

III
The Bases for Obligations Coming into Existence

IV
Performance of Obligations

V
Nonperformance of an Obligation

VI
Changes in Obligations

VII
Termination of an Obligation

VIII
Guaranty of Obligations

I
The Concept and Characteristics of Obligations Arising from Acts that Infringe on Rights

II
The Essential Conditions for Civil Responsibility for Acts in Infringement of Rights

III
Several Specific Types of Civil Responsibility for Acts in Infringement of Rights

IV
The Scope and Methods of Compensation for Injuries Caused by the Infringement of Rights

I
Obligations that Arise Out of Unjustified Enrichment

II
Obligations that Arise Out of Management of Affairs Without Mandate [Negotiorum Gestio]

I
The General Concept of Contract

II
The Evolution of the System of Contracts

III
The Nature and Function of Our Countrys System of Contracts

IV
The Types of Contracts

V
The Forms of Contracts

VI
The Formation of Contracts

VII
Essential Provisions of Contracts

I
The General Concept of the Contract of Sale

II
The Object and Price of the Contract of Sale

III
The Rights and Duties of Parties to a Contract of Sale

IV
Transfer of the Ownership (or Management Right) of the Object and Liability for Unintentional Loss

V
Contracts for the Purchase and Sale of Industrial and Mineral Products

VI
Contracts for the Purchase and Sale of Agricultural Sideline Products

VII
The Contract of Exchange

VIII
The Contract of Gift

I
An Introduction to the Contract of Hire

II
The Rights and Obligations of the Parties to a Contract of Hire

III
Capital Construction Contracts

I
General Discussion of Contracts of Lease

II
Contracts of Lease for Ordinary Property

III
The Lease of Buildings

I
General Discussion of the Loan for Consumption

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