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Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. Within this context, the present book aims at providing the necessary historical and comparative legal perspectives. It concentrates on substantive private law and civil procedure, both in China and in other jurisdictions. These perspectives are of considerable importance for the present codification work. Additionally, the book is dedicated to commemorating the centennial of the first Western-influenced and civil law-oriented Civil Code of China, the Da Qing Min Lü Cao An of 1911. The following topics are addressed: property law, contract law, tort law and civil procedure. The book also contains contributions on codification experiences in Europe and on the concept of codification in general. The topics are discussed by leading Chinese and international scholars. Most of the Chinese contributors have taken part in preparing the Chinese Draft Civil Code. The book is the outcome of a conference organized by the Centre for Chinese and Comparative Law (RCCL), School of Law, City University of Hong Kong, in October 2010.
Civil law --- Law, Civil --- Private law --- Roman law --- Codification. --- Droit civil --- Chine --- Codification
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Court congestion and delay. --- Court delay --- Courts --- Justice, Administration of --- Speedy trial
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Court administration. --- Court management --- Courts --- Management --- Administration
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This book is an important contribution to the discussion about globalisation of civil procedure. Globalisation of legal matters and the inherent necessity of having to litigate in foreign courts or to enforce judgments in other countries considerably complicate civil proceedings due to great differences in civil procedure. This may jeopardise access to justice. As a result, the debate on the need for the harmonisation of civil procedure becomes ever more prominent. This book discusses the globalisation and harmonisation of civil procedure from various angles, including fundamental (international) principles of civil justice, legal history, private international law, law and economics and (European) policy. It offers important theoretical and practical perspectives and is valuable reading for, amongst others, academic researchers, policy makers, judges, legal practitioners and court bailiffs. Xandra E. Kramer is Professor of European Civil Procedure at the Erasmus School of Law, Erasmus University Rotterdam, the Netherlands. C.H. (Remco) van Rhee is Professor of European Legal History and Comparative Civil Procedure at the Faculty of Law of the University of Maastricht, the Netherlands.
Civil procedure -- Congresses. --- Civil procedure --- Law and globalization --- Law, Politics & Government --- Law, General & Comparative --- Civil law. --- Law, Civil --- Private law --- Dispute Resolution, Mediation, Arbitration . --- Private International Law, International & Foreign Law, Comparative Law . --- Fundamentals of Law. --- Roman law --- Mediation. --- Dispute resolution (Law). --- Conflict management. --- Dispute Resolution, Mediation, Arbitration. --- Conflict control --- Conflict resolution --- Dispute settlement --- Management of conflict --- Managing conflict --- Management --- Negotiation --- Problem solving --- Social conflict --- Crisis management --- ADR (Dispute resolution) --- Alternative dispute resolution --- Appropriate dispute resolution --- Collaborative law --- Dispute processing --- Justice, Administration of --- Mediation --- Neighborhood justice centers --- Third parties (Law) --- Good offices (Mediation) --- Conflict management --- Dispute resolution (Law) --- Law and legislation --- Private international law. --- Conflict of laws. --- Law—Philosophy. --- Law. --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Law --- Legal polycentricity --- Acts, Legislative --- Enactments, Legislative --- Laws (Statutes) --- Legislative acts --- Legislative enactments --- Jurisprudence --- Legislation --- Civil law
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