Decodification of the Civil Code of the People's Republic of China

Description

This book discusses the codification and decodification of private law in the Chinese context, with a specific focus on property management services contracts as a distinct example within the broader category of supply of services contracts.

The book begins by contextualising codification and decodification within the current literature and legislative developments at the global level. It then turns to the Chinese Civil Code, using property management services contracts as a case study of its decodification. It assesses these contracts both within the Chinese legal system and through a comparative law lens, using the Roman law model of lease and hire and Hong Kong law. The book argues that, due to significant decodification present at the very moment of promulgation, the Civil Code failed to achieve its goal of ensuring coherence in China's private law system.

These insights will interest scholars of comparative law, Chinese law, Roman law and contract law, as well as policymakers and lawmakers discussing strategies for regulation and transformations of law in other jurisdictions.

Table of Contents

Introduction. 1. In Search of the Conceptual Boundaries of Codification, Decodification and Recodification. 2. Codification of Civil Law in the People's Republic of China. 3. The Roman Contract Locatio Conductio as a Comparative Model for the Property Management Services Contracts. 4. Ex Ante Decodification of the Civil Code of the People's Republic of China – The Legislator's Intent. 5. Ex Post Decodification of the Civil Code of the People's Republic of China – The Role of Chinese Courts. 6. Decodification of the Civil Code of the People's Republic of China Caused by an External Factor – Hong Kong Law as an Indirect Source of Reception. Conclusions. Appendix 1 - Table of Cases. Appendix 2 – Roman Law Sources.

About the Author

Igor Szpotakowski is a Lecturer (Assistant Professor) in Intellectual Property Law at the School of Law of the University of Leeds. He served as the Principal Investigator for the project 'Supply of Services Contracts in Private Law of the People's Republic of China: Codification in the Era of Decodification' (2020–2025) at Jagiellonian University, funded by the Polish Ministry of Science. Having studied in Poland, the United Kingdom and China, his research focuses on comparative private law, Chinese law and regulation of technology, drawing on Roman law as a key conceptual framework.

Keywords

Chinese Civil Code, decodification, codification, Chinese private law, comparative law, Roman law, property management contracts, supply of services contracts, Hong Kong law, contract law

Target Audience

Scholars of comparative law, Chinese law researchers, Roman law academics, contract law specialists, policymakers, lawmakers, law libraries, academic institutions

Genre

Law, Comparative Law, Asian Law, Chinese Law, Legal Reference, Academic

Q&A

Q: What does this book examine?
A: It examines the codification and decodification of private law in China, using property management services contracts under the Chinese Civil Code as a case study, compared with Roman law and Hong Kong law.

Q: Who is this book for?
A: Scholars of comparative law, Chinese law and Roman law, as well as policymakers and lawmakers working on private law reform in other jurisdictions.

📘 Learn more about shipping, delivery times, and returns, see our FAQ here

Shipping & FAQ

Where can I buy Decodification of the Civil Code of the People's Republic of China?

You can order this book directly from CLNZ Books at clnzbooks.com, with worldwide shipping and secure payment by credit card or PayPal.

How to Order

Learn more about how to order from CLNZ Books, including worldwide shipping and payment options.