L’affaire Sun Dawu : codification des droits réels et microfinance en Chine

Thierry PAIRAULT To quote the great jurist Sir Henri Summer Maine, codification is to give orderly arrangement to the law, to deliver it from obscurity, uncertainty, and inconsistency, to clear it of irrelevancies and to facilitate its application. The Sun Dawu Affair, which is about a small entrepreneur looking for funds, precisely discloses this necessity for China. This contribution describes the ambiguity in the definition of the jus in rem in China, its consequences and its apparent solution.