Comparative Perspectives on the Chinese Civil Code

This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code.

The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system.

This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.

Meiling Huang is Professor of Law at the Zhongnan University of Economics and Law, Zhongnan, China.

Paul J. du Plessis is Professor of Law at Edinburgh University, Edinburgh, UK.