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Chinese Conflicts of Law: A Restatement and Legisprudence Proposal

Chinese Conflicts of Law: A Restatement and Legisprudence Proposal

作者： Shaoming Zhu
出版商： Wildy, Simmonds and Hill Publishing
ISBN: 9780854902477
出版时间 February 2018
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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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.
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;

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