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Chinese Conflicts of Law: A Restatement and Legisprudence Proposal

Chinese Conflicts of Law: A Restatement and Legisprudence Proposal

Chinese Conflicts of Law: A Restatement and Legisprudence Proposal

Author: Shaoming Zhu
Publisher: Wildy, Simmonds and Hill Publishing
ISBN: 9780854902477
Published In: February 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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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;

BIBLIOGRAPHY

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