General Principles of Civil Law: Concrete and Abstract

CUI Jianyuan

Item #: 1007147

ISBN: 978-0-8377-4221-2
Published: Getzville; William S. Hein & Co., Inc.; 2021.

Series: CHINA LAW & SOCIETY LIBRARY
Subjects: CIVIL PROCEDURE

The General Principles of Civil Law are the basic rules governing the civil code, and also the most abstract part of the civil law. Based on an in-depth grasp of the development trend of foreign legislation and theoretical research on these principles, this book comprehensively sorts out and summarizes their legislative and judicial practice experience, and clearly defines the basic categories of civil law. It studies the compilation of the General Principles of Civil Law of China from specific to abstract, from procedures to entities, and from principles to rules. The book includes not only the introduction and elaboration of the general principles of civil law, but also the differentiation and analysis of the relationship between civil law and the constitution, commercial law, intellectual property law, administrative law, and civil procedure law. It deals with several pairs of relationships that must be corrected in the compilation of the Chinese Civil Code, the boundaries of administrative contracts and their determination basis, the background factors of the transplantation of the civil law system and internal harmony issues, sanctions, agency systems, guarantees of debts, statute of limitations and other issues. Its in-depth and meticulous research not only lays a solid theoretical foundation for the compilation of the Chinese Civil Code, but also has important guiding significance for judicial practice.

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