European University Institute Library

Private law in China and Taiwan, legal and economic analyses, edited by Yun-chien Chang, Academia Sinica, Taipei, Taiwan; Wei Shen, Shandong University Law School, China; Wen-yeu Wang, National Taiwan University, Taipei, Taiwan - (hardback)

"This book explores the evolution of property, contract, tort, and business organization laws in China and Taiwan. Given the drastic changes in the two jurisdictions in recent decades, the book covers not only the current law, but also how these laws evolved into their current forms. Moreover, this book not restates black-letter laws, but also offers economic analysis of the driving force behind the legal evolution and examines whether the legal changes are economically efficient. Given China's dazzling economic development in the past three decades, few would question the importance of studying China, particularly the four basic legal fields that will shape the future of the Chinese regime and greatly affect the interest of foreign investors. Why Taiwan? To put China's legal changes in context, one has to find a proper benchmark. Hong Kong and Singapore are ruled by Chinese people, but their laws are fundamentally shaped by English common law, and they are both much smaller than Taiwan. Macao is in a similar situation, except that it has imported Portuguese law, which has hardly any influence on laws in China. By contrast, in the property, contract, and tort laws of China and Taiwan, the doctrinal structures are both civil-law, whereas in business organization law, the U.S. law is the main inspiration. Moreover, in many ways, private laws in China and Taiwan are heavily influenced by German jurisprudence, making the comparison even more meaningful. There is also strong evidence that Chinese scholars and legislature, in formulating these four areas of laws, widely consult laws and legal scholarship in Taiwan"--, Provided by publisher
Table of contents
Concentrated and distributed law : observations on legal evolution in China and Taiwan / Saul Levmore -- The economics of legal harmonization and legal convergence / Bruno Defains -- The evolution of contract law in China : convergence in law but divergence in enforcement? / Jing Leng and Wei Shen -- The evolution of contract law in Taiwan : lost in interpretation? / Wen-Yeu Wang -- The evolution of the law of torts in China : the growth of a liability system / Wei Zhang -- The evolution of tort law in Taiwan : a doctrinal-economic interpretation / Tze-Shiou Chien -- The evolution of Chinese property law : stick by stick? / Shitong Qiao -- The evolution of property law in Taiwan : an unconventional interest group story / Yun-Chien Chang -- Evolution of corporate law in China : mission possible to reform SOEs? / Ruoying Chen -- The evolution of company law in Taiwan : a focus on the blockholder-centric model / Ching-Ping Shao -- Conclusion : a tale of two jurisdictions -- is it an end to the divergence of private law? / Wei Shen and Wen-Yeu Wang
Literary form
non fiction
Physical description
xi, 347 pages, illustrations, 24 cm

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