Chinese Civil Law for Business by Zhang Xiaoyang

By Zhang Xiaoyang

This e-book bargains transparent and finished assurance of civil legislations in China because it relates to company. It takes a realistic process and is heavy on examples which are in keeping with genuine felony situations that experience happened in China. utilizing those examples, the writer illustrates how civil legislations performs out in real-life situations.

enterprise humans, scholars and students will all gain drastically from this ebook. Readers may be repaid with an figuring out of civil legislations that may cause them to more proficient in any attention of industrial in China and in any enterprise dealing there. they'll additionally achieve a fuller photo of China s fiscal structures (particularly its estate system), the explanation in the back of those structures, and the coverage orientations that may steer their destiny improvement.

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3 Pursuing private law autonomy and freedom of contract must not contravene the doctrine of good public order and social customs that disallows any act from violating the law or deviating from mainstream moral and ethical standards. Drink-driving is an offence punishable under the law. Offering insurance that covers drink-driving accidents is no different from encouraging drink-driving, and will harm public security. Chapter 2 General principles of civil law Introduction As noted in Chapter 1, Chinese civil law governs property relations and personal relations between civil subjects of equal status.

If laws are retrospective, acts before the promulgation of a law may be punished retrospectively, giving rise to dire and unfair pitfalls. Branches of law in Chinese jurisprudence Academia in China has an inclination towards organizing laws into branches. While there is no standard list of branches, the following ten branches, which can be found in many textbooks written by Chinese scholars (Yan 2003, 59–65; Ge 2007, 150–54; W X Zhang 1999, 81–84), can serve as a reference: 1 Constitutional law, including laws such as the Constitutional Law, and constitutional documents like the Organic Law of National People’s Congress, Organic Law of State Council, Organic Laws of Local People’s Congresses and Governments at Various Levels, Organic Law of People’s Courts, Organic Law of People’s Procuratorates, Electoral Law of National People’s Congress and Local People’s Congresses at Various Levels, Nationality Law, Law on National Flag, Law on Regional Autonomy of Minority Nationalities, etc.

Can be accepted as effective and legally binding, given that those acts are of a very simple nature and purely for the benefit of the minor without any condition attached to performing the acts. Judicial declaration of capacity for civil conduct A mechanism exists in China under which the court can make a judicial declaration about a mentally disordered person’s capacity for civil conduct, according to the status of his mental health. According to the GPCL (Article 19, paragraph 1), a person or persons whose personal interests are linked with or affected by a mentally disordered person’s capacity for civil conduct may apply to the court for having that mentally disordered person declared as a person with no capacity or limited capacity for civil conduct.

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