What is it about?
The new Chinese Civil Code also contains provisions on property law, such as ownership. At first sight, from a Western European viewpoint, these provisions seem very familiar. They fit within existing, rather traditional, patterns of thought, which can be found in several European legal systems. However, the provisions must be read, and understood, in light of the Chinese political and economic system.
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Why is it important?
The contribution presents a comparative legal analysis of the new Chinese property law provisions.
Perspectives
It is interesting to note that in the Chinese Civil Code provisions on land use sometimes are a combination of contractual arrangements (contracts only bind the contracting parties) and effects against third parties. As such these arrangements are a grey area between contract law and property law because in Western European legal thinking property rights are seen as rights against 'the world' and not just against one or more specific persons (the law of obligations, such as personal rights and duties resulting from contracts). In Chinese property law there is no such sharp distinction.
Prof. dr. Sjef van Erp
Universiteit van Amsterdam
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This page is a summary of: The New Chinese Civil Code: Outer Perspectives. A View from Comparative Property Law, July 2024, De Gruyter,
DOI: 10.1163/9789004704428_008.
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