Chinese Civil Adjudications II

ISBN-13: 9781032719818 / Twarda / 2024 / 216 str.

Cui Jianyuan

Opis

As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules.

Spis treści

1. Judges Should Abide by the Constitutive Requirement Stipulated by Law  2. Validity of Unentitled Disposition Contract, Unsafe Right of Defense, Termination, and Debt Assumption  3. No Arbitrary Deviation from or Misinterpretation of Legal Constitutive Requirements  4. It is not Allowed to Blindly Expand the Scope of Application of Paragraph 2, Article 44 of the Contract Law  5. Relationship and Interpretation between the Initial Contract and Subsequent Contracts  6. A Dissolving Condition is Different from Contract Dissolution  7. Application Order of the Defense Right of First-Performance  8. The Principle of Legal Impossibility and Clausula Rebus Sic Stantibus  9. Name and Trademark: Review of Path and Methodology

O autorze

Cui Jianyuan is currently Senior Professor in Humanities and Social Sciences and a "Changjiang Scholar" Distinguished Professor at Tsinghua University, China. He also serves as the Vice President of the Civil Law Society at the China Law Society. His research focuses on the field of civil law, with an expertise on general provisions, property Law, contract law, unjust enrichment and negotiorum gestio, and tort liability law.