Chinese Civil Adjudications II

The Constitutive Requirements

Cui Jianyuan

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Hardback

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English

Routledge
22 May 2024

As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules.

A legal rule consists of constitutive requirements and legal effects. The constitutive requirements should trigger specific legal effects and not lead to unintended consequences. If they do not, the application of a legal rule may not produce the desired result. Any change in the constitutive requirements should result in a corresponding change in the legal effects. A mismatch between the two can lead to unfairness and injustice. In the nine cases discussed in this volume, these principles were either seriously overlooked or given insufficient attention, with various negative consequences.

The book will appeal to scholars and students interested in China's civil litigation, civil law system and judicial reform, and comparative law.

By: Cui Jianyuan
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 234mm, Width: 156mm,
Weight: 460g
ISBN: 9781032719818
ISBN 10: 1032719818
Pages: 154
Publication Date: 22 May 2024
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

1. Judges Should Abide by the Constitutive Requirement Stipulated by Law 2. Validity of Unentitled Disposition Contract, Unsafe Right of Defense, Termination, and Debt Assumption 3. No Arbitrary Deviation from or Misinterpretation of Legal Constitutive Requirements 4. It is not Allowed to Blindly Expand the Scope of Application of Paragraph 2, Article 44 of the Contract Law 5. Relationship and Interpretation between the Initial Contract and Subsequent Contracts 6. A Dissolving Condition is Different from Contract Dissolution 7. Application Order of the Defense Right of First-Performance 8. The Principle of Legal Impossibility and Clausula Rebus Sic Stantibus 9. Name and Trademark: Review of Path and Methodology

Cui Jianyuan is currently Senior Professor in Humanities and Social Sciences, Tan Zhao Chair Professor and a Changjiang Scholar Distinguished Professor at Tsinghua University, China. He also serves as the Vice President of the Civil Law Society at the China Law Society. His research focuses on the field of civil law, and he has expertise in general provisions, property law, contract law, unjust enrichment and negotiorum gestio, and tort liability law.