Legislation Of Tort Liability Law In China
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Author | : Xinbao Zhang |
Publisher | : Springer |
Total Pages | : 549 |
Release | : 2017-11-22 |
Genre | : Law |
ISBN | : 9811069611 |
This book studies the fundamental conflicts between the protections on the legal rights and interests of victims and the freedom of infringers to act first. It is divided into four parts, the first of which explores the relevant legal methodology in order to provide possible solutions to difficult problems in Chinese tort liability law. Secondly, it puts forward a range of suggestions on how to resolve key issues in China’s torts liability law, including the general provisions; the provisions concerning the fault principle; the provisions of the non-fault principle; the special liability relation; damages; and defenses and related issues. Thirdly, the book addresses major institutional issues, including: the theory of consensus force; joint infringements; and operators’ duty of care; as well as several key relations: between the right to claim insurance compensation and the right to claim compensation for personal injury; between the right to claim tort liability and the right to exercise property rights; and between the right to claim tort liability and the right to reject unjust enrichment. Further aspects in this section include compensation for death; mental damages; pure economic loss and compensation; punitive compensation; and compensation for road traffic accidents. Lastly, the book explores special issues in tort liability law, e.g. the infringement of media rights, and the specific tort liability in various administrative laws and regulations.
Author | : Yun-chien Chang |
Publisher | : Cambridge University Press |
Total Pages | : 361 |
Release | : 2017 |
Genre | : Law |
ISBN | : 1107154243 |
Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.
Author | : Mauro Bussani |
Publisher | : Edward Elgar Publishing |
Total Pages | : 584 |
Release | : 2021-02-26 |
Genre | : Law |
ISBN | : 1789905982 |
This revised second edition of Comparative Tort Law: Global Perspectives offers an updated and enriched framework for analysing and understanding the current state of tort law around the world. Using a critical comparative methodology, it covers not only the common tort law issues but also many jurisdictions often overlooked in the mainstream literature. Contributions explore illuminating case studies from tort systems in Europe, the US, Latin America, Asia and sub-Saharan Africa, including new chapters specifically discussing tort law in Brazil, India and Russia.
Author | : Larry A. DiMatteo |
Publisher | : Cambridge University Press |
Total Pages | : 545 |
Release | : 2017-10-26 |
Genre | : Law |
ISBN | : 1107176328 |
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Author | : Durham Law School |
Publisher | : BRILL |
Total Pages | : 477 |
Release | : 2021-10-18 |
Genre | : Business & Economics |
ISBN | : 9004468285 |
This contribution provides the important and timely bilingual version of the Chinese Civil Code and the Supreme People’s Court’s Judicial Interpretation of the Temporal Effect of the Civil Code. Providing translations by a diverse group of esteemed legal scholars, on Contract Law, Tort Law, Marriage, Family and Succession Law, General and Personality Provisions and Property Law, this unique resource will be important for all those with an interest in Chinese Law.
Author | : Ariel Porat |
Publisher | : Oxford University Press, USA |
Total Pages | : 236 |
Release | : 2001 |
Genre | : Law |
ISBN | : 9780198267973 |
Providing a comprehensive and principled account of the uncertainty problem that arises in tort litigation, this text critically examines the existing doctrinal solutions of the problem, as evolved in England, United States, Canada & Israel.
Author | : Paolo Davide Farah |
Publisher | : Routledge |
Total Pages | : 695 |
Release | : 2016-10-14 |
Genre | : Law |
ISBN | : 1317167198 |
This volume examines the range of Non-Trade Concerns (NTCs) that may conflict with international economic rules and proposes ways to protect them within international law and international economic law. Globalization without local concerns can endanger relevant issues such as good governance, human rights, right to water, right to food, social, economic, cultural and environmental rights, labor rights, access to knowledge, public health, social welfare, consumer interests and animal welfare, climate change, energy, environmental protection and sustainable development, product safety, food safety and security. Focusing on China, the book shows the current trends of Chinese law and policy towards international standards. The authors argue that China can play a leading role in this context: not only has China adopted several reforms and new regulations to address NTCs; but it has started to play a very relevant role in international negotiations on NTCs such as climate change, energy, and culture, among others. While China is still considered a developing country, in particular from the NTCs’ point of view, it promises to be a key actor in international law in general and, more specifically, in international economic law in this respect. This volume assesses, taking into consideration its special context, China’s behavior internally and externally to understand its role and influence in shaping NTCs in the context of international economic law.
Author | : Xiang Li |
Publisher | : Springer |
Total Pages | : 322 |
Release | : 2014-07-08 |
Genre | : Law |
ISBN | : 3642410243 |
The explosive economic development in China over the last three decades has created social challenges unprecedented in the country's history. In response, China has overhauled its existing tort laws and even created new tort laws. By exploring its principles, theories and history, this book provides international readers a fresh outlook on China's tort law system. Granted that some concepts or theories in China's modern tort laws were "borrowed" from the west, the principles behind them can nevertheless often find their roots in ancient Chinese philosophies, concepts or even laws. This book also uses real cases to explain the courts' application of China's tort laws and the meaning of the corresponding statutes.
Author | : James Gordley |
Publisher | : Cambridge University Press |
Total Pages | : 735 |
Release | : 2021-01-28 |
Genre | : Law |
ISBN | : 1108835848 |
Original sources illustrate and compare the principal doctrines of private law in the United States, England, France, Germany and China.
Author | : Robin Hui Huang |
Publisher | : Cambridge University Press |
Total Pages | : 553 |
Release | : 2017-09-28 |
Genre | : Law |
ISBN | : 1316738507 |
This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.