Showing 1 - 10 of 103
This Article, forthcoming in the American Journal of Comparative Law, assesses how Chinese intestacy laws augment and redress wealth inequality. In 2021, China’s first civil code took effect, reforming among other things the decades-old Succession Law. Focusing on the intestacy rules (the...
Persistent link: https://www.econbiz.de/10014265093
In the context of harmonisation of arbitration law and practice worldwide, to what extent do local legal traditions still infuence local arbitration practices, especially at a time when non-Western countries are playing an increasingly important role in international commercial and financial...
Persistent link: https://www.econbiz.de/10013036266
Increasing cross-border commercial exchanges and foreign investments have caused arbitration to become more frequently selected as a dispute resolution option in China. In response to this growing demand, China has taken significant steps to improve its arbitration system. Nevertheless,...
Persistent link: https://www.econbiz.de/10013037618
This paper provides a comprehensive overview of the court system of the People’s Republic of China, in addition to evaluating the current situation and upcoming court reforms. It starts by describing the functions, competencies and structure of the Supreme People's Court, local people’s...
Persistent link: https://www.econbiz.de/10014175392
China has in the last decade and especially since its entry into the WTO made considerable efforts to improve its judicial system, perfectly aware of the necessity to provide a stable framework for foreign investment and economic growth. An important part of this reform is the development of...
Persistent link: https://www.econbiz.de/10014177286
A society's values may be discernible in its intestacy laws, the laws which govern the distribution of a decedent’s estate when there is no valid will. Upon examination, unique characteristics among competing intestacy schemes emerge. The most startling characteristic of Chinese inheritance...
Persistent link: https://www.econbiz.de/10014121967
This book offers a detailed account of how the Chinese real estate market actually operates in practice, from both legal and business perspectives. My goals are twofold. First, I seek to establish and describe how the Chinese real estate market, with so few written laws, actually functions. How...
Persistent link: https://www.econbiz.de/10013107528
China does not permit the private ownership of land. Instead, private parties may obtain the right to use property for up to seventy years. These parties own the structures on the land but not the underlying real estate. China's recent economic boom hinges on the success of its real estate...
Persistent link: https://www.econbiz.de/10012972132
Protection of Property Rights has become a pressing issue in China since the country strived to move from a planned economy to a market economy in late 1970's. The passage of the Property Law of China on March 16, 2007 marked an historic change in the country from public to private in respect to...
Persistent link: https://www.econbiz.de/10014220951
Insolvency law in the People's Republic of China has gained increased prominence in the last five years in light of changing economic circumstances and government policies. This article analyzes trends and developments in Chinese insolvency law since the enactment of the PRC Enterprise...
Persistent link: https://www.econbiz.de/10012946042