Personality Rights in China’s New Civil Code: A Response to Increasing Awareness of Rights in an Era of Evolving Technology

Modern China ◽  
2020 ◽  
pp. 009770042097782
Author(s):  
Liming Wang ◽  
Bingwan Xiong
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
Personality Rights ◽  
Special Part ◽  
China Studies ◽  
Civil Codes ◽  
Legislative Model ◽  
Rights Consciousness ◽  
Chinese Civil Society

This article explores and assesses the significance of the adoption of a separate part (or, book 编) on personality rights in China’s new Civil Code. We argue that there are profound socioeconomic meanings underlying the technical changes in the classic structure of the civil codes in civil law tradition. On one hand, the stand-alone part on personality rights is the fruit and embodiment of the rising rights consciousness of personality in Chinese civil society, which has been largely unexplored in existing China studies. On the other hand, the part provides a new legislative model to comprehensively tackle the pervasive technological challenges to the protection of personal spheres, which is entangled with the rising rights consciousness over personality in China. Yet, the robustness of the acknowledgment of personality rights in this special part in promoting the protection of such rights remains to be tested in future court judgments.

scholarly journals A személyiségi jogok szabályozása a hatályos román Polgári törvénykönyvben

2021 ◽  
Vol 4 (2) ◽  
pp. 65-81
Author(s):  
Zsolt Kokoly
Keyword(s):  
Civil Law ◽  
Legal Framework ◽  
Civil Code ◽  
Fundamental Rights ◽  
Personality Rights

The new Romanian Civil Code (adopted in 2009, in effect since 2011) comprises a section dedicated to personality rights, as a novelty element compared to the previous Code. Their incorporation into the form of juridical norm follows both naturally from the historic evolution of some fundamental rights, both from the intention of the Romanian lawmaker to offer a comprehensive legal framework in the field of civil law.

scholarly journals Civil right. Special part

2019 ◽  
Author(s):  
Ольга Шаповал ◽  
Olga Shapoval ◽  
Елизавета Романова ◽  
Elizaveta Romanova
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Civil Code ◽  
Educational Institutions ◽  
Higher Educational Institutions ◽  
Basic Law ◽  
Special Part ◽  
Teachers And Students ◽  
The Law ◽  
Higher Educational

Civil law is one of the basic law disciplines. Traditionally this discipline is divided into General and Special parts. The book is a summary of the course of Special part of civil law, covers all topics of the discipline which is taught at the law faculties of higher educational institutions. The textbook's structure reflects the system of structure of chapters and sections of the civil code of Russian Federation. The textbook is intended for teachers and students of law faculties studying the discipline "Civil law".

Recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan: A comparative analysis of the main ideas

2021 ◽  
Vol 28 (4) ◽  
pp. 190-199
Author(s):  
Nataliia S. Kuznietsova ◽  
Maidan K. Suleimenov ◽  
Farkhad S. Karagusov
Keyword(s):  
System Analysis ◽  
Civil Law ◽  
Legal Regulation ◽  
Civil Code ◽  
Current State ◽  
Clear Guideline ◽  
The Republic ◽  
Civil Codes ◽  
Historical Comparative ◽  
Main Ideas

Systematic updating of the civil legislation of Ukraine and modernisation of the civil legislation of the Republic of Kazakhstan are time-consuming tasks as evidenced by the analysis of changes that were made to the civil codes of Ukraine and the Republic of Kazakhstan and their law enforcement practice. Work on updating civil legislation requires an assessment of the current state and prospects of socio-economic development of Ukrainian society and the state, in particular the development of such an important component as the national legal system, which is presented in the concept of updating the Civil Code of Ukraine. It is crucial that the main areas of the concept orient the development of civil law in Ukraine, considering the current experience of recodification of civil codes of other states within the continental legal family. Considering that civil legislation is also being modernised in the Republic of Kazakhstan, the purpose of this study is to compare the main ideas of recodification of the Civil Code of Ukraine and modernisation of the Civil Code of the Republic of Kazakhstan to establish a systematic approach and a unified concept for the development of civil law and form a clear guideline for the improvement of civil legislation. The study analyses the areas of updating the civil legislation of Ukraine and the Republic of Kazakhstan based on both general (historical, comparative, system analysis) and special (specific-sociological, formal legal, legal-technical, etc.) methods. One of the most reasonable ways to ensure continuity of legal regulation of civil relations and ensure the modernisation of the legal basis for the development of the sphere of social and legal relations in the long term is the approach that should preserve all the achievements of existing civil codes, considering modern European approaches and the specific features of civil and business turnover

scholarly journals THE SUPPLY CONTRACT: A SIMPLE SALE OF GOOD?

2020 ◽  
Vol 15 (3-4) ◽  
pp. 43-53
Author(s):  
Georgeta CRETU ◽  
◽  
Camelia SPASICI ◽  
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
New Production ◽  
Supply Contract ◽  
Legal Nature

This paper aims to address two objectives: in general, to briefly outline the particularities of the supply contract and, in particular, to distinguish its position among the special civil law contracts. The supply contract is a new production of the Civil Code (art. 1166-1771). In this respect it is important to differentiate the supply contract from the other two civil law contract, namely the sale contract and the subcontracting agreement. By defining the contract we aim at establishing its legal nature, particularly that of an independent (distinct) agreement. This paper is structured as follows: “Introduction”; “The Supply Contract. Definition, Object and Legal Characteristics”; “The Parties’ Obligations According to the Supply Contract”; “Modifications of the Legal Supply Relationships. Subcontracting.”; “Supplying: an Independent (distinct) Contract or a Different Form of Sale?” This legal undertaking ends with a lege ferenda and conclusions.

The Return Of The Property Clause In Donation Contracts – A Comparative Analysis In French And Romanian Legal Systems

2015 ◽  
Vol 21 (2) ◽  
pp. 413-417
Author(s):  
Codrin Codrea
Keyword(s):  
Comparative Analysis ◽  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
Similarities And Differences ◽  
The One ◽  
Comparative Manner

Abstract In both French and Romanian legal systems, the special irrevocability which governs the field of donations presupposes that certain clauses cannot be stipulated in the donation contract. Such clauses, which are prohibited as incompatible with the principle of the irrevocability of donations, would allow the donor to unilaterally revoke the contract. This article is concerned, on the one hand, with the origin and the evolution of the special irrevocability of donations and, on the other hand, with the compatibility of the return of the donated good clause with the principle of irrevocability of donations. The return of the property clause will be analyzed in a comparative manner in French and Romanian legal systems by looking at the provisions of the French Civil Code, 1865 Romanian Civil Code and of the contemporary Romanian Civil Code, in order to put into perspective both similarities and differences between the civil regulations of the two legal systems, but also the changes within the Romanian civil law from the previous Civil Code to the current one.

Ottoman and Secular Civil Law

1977 ◽  
Vol 8 (4) ◽  
pp. 517-543 ◽  
Author(s):  
Dora Glidewell Nadolski
Keyword(s):  
Abrupt Change ◽  
Islamic Law ◽  
Civil Law ◽  
Major Change ◽  
Civil Code ◽  
The Other ◽  
Secular Change ◽  
Total Change ◽  
Other Hand ◽  
The Subject

The term “secularization” is used to qualify that manner of change which occurred in the Islamic system of civil law from 1451 to 1926. It refers to the processes that caused gradual revision and/or change in Islamic Ottoman and Turkish civil law and connotes a departure from the orthodox tenets prescribed by Islamic law. This departure is a process that may create gradual or abrupt change. Also that which in retrospect is classified as a change may not at the outset be classified as such. Specifically, this change may begin in the form of supplementation and continue in this manner without the process taking the form of major change. On the other hand there may be total change within the structure undergoing these experiences. This structure, which is the subject of discussion, is the Islamic Ottoman and Turkish civil law. The secularization process in this case represents: (1) supplementation, (2) reform (Tanzimat and the Mecelle), (3) change (abrogation of the capitulatory system), (4) complete secular change in civil law (adoption of the Swiss Civil Code).

scholarly journals Louisiana and Quebec Terminology as a Tool in Polish-English Legal Translation

2018 ◽  
Vol 53 (1) ◽  
pp. 163-176
Author(s):  
Przemysław Kusik
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Civil Code ◽  
Legal Tradition ◽  
Legal Translation ◽  
Conceptual Background ◽  
Civil Code Of Quebec ◽  
English Speaking ◽  
Unique Source ◽  
Civil Codes

Abstract While in the majority of English-speaking territories the dominant legal tradition is common law, in Louisiana and Quebec the native language is English and the legal system stems from continental civil law. Both the Louisiana Civil Code and the Civil Code of Quebec take root in the European codification movement, following Code Napoleon. Bearing in mind the link between law and language, these jurisdictions provide a unique source of English civil law terminology with well-founded conceptual background. The civil codes of Louisiana and Quebec seem to be potentially useful for the translation of Polish private law into English. Yet there are some reservations which should be considered. By comparing two different translations of Article 292 of the Polish Civil Code, this paper is intended to contribute to the debate on the use of Quebec and Louisiana terminology in Polish-English legal translation.

scholarly journals The denial of owner's right in the acquisitive possession - Analytical study in the light of Islamic jurisprudence

2020 ◽  
Vol 9 (1) ◽  
pp. 183-206
Author(s):  
Mohammad Ammar Torkmania Ghazal
Keyword(s):  
Analytical Study ◽  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
Main Argument ◽  
Knowing That ◽  
Islamic Jurisprudence ◽  
The One ◽  
Hearing System ◽  
Over Time

It is well known that in the area of acquisitive possession, if possession lasts a certain period with specific conditions, it is a self-sustaining reason for acquiring ownership. However, in reading the text of Articles 935 and 966 of the Civil Code of Qatar, it is clear that the Qatari legislator adopted a system of prescription different from the Latin system in two things: 1.The Qatari legislator did not consider possession as a source of ownership, but rather as proof of it. 2.The Qatari legislator required the possessor to deny the owner's right before ruling on the ownership of the disputed object, and this is what the research aims to discuss. Knowing that the Egyptian legislator as well as the French did not require denial of this right, the question raised is from where the Qatari legislator came-up with this system, what is its importance, and what are the problems it raises? The importance of this research is reflected in the special nature of the acquisitive possession in Qatari civil law, which is influenced by Islamic jurisprudence on the one hand and positive legislation on the other, and this raises some problems, because the acquisitive possession as a source of ownership is not recognized by Islamic jurisprudence as an attack on the ownership of others. The passage of time is not a reason to gain ownership. However, Islamic jurisprudence adopts another system close to the acquisitive possession, namely the non-hearing system, which over time considers possession merely evidence that the possessor is the owner. This is where the problem arises in Qatari law, and if it has stipulated denial influenced by Islamic jurisprudence, which considers continued possession as evidence of ownership and not as a source, then why is the possessor exempt from disclosing the reason for his possession? That is the main argument of this this research.

scholarly journals Tradición romanística y perspectivas de reforma en sede de cláusula penal

2012 ◽  
Author(s):  
Alejandro Valiño Arcos
Keyword(s):  
Civil Law ◽  
General Rule ◽  
Civil Code ◽  
European Contract ◽  
Breach Of Contract ◽  
Specific Performance ◽  
El Sistema ◽  
The Common ◽  
Civil Codes ◽  
Preliminary Draft

El autor analiza el tratamiento legal de la cláusula penal en el Derecho civil español, con especial atención a la regulación que ofrece el Código civil en los artículos 1152 a 1154, las diferentes funciones que la cláusula penal cumple y el distinto régimen presente en la Lex 518 del Fuero Nuevo de Navarra, lo cual evidencia el dualismo habido en el sistema jurídico español entre el Derecho civil común (representado por el Código civil) y el derecho foral o especial (representado por distintas compilaciones de ámbito regional). La regulación del Código civil español configura la pena contractual en primer término como sustitutiva de la indemnización de daños y perjuicios prevista en el artículo 1101 del Código civil para el caso de incumplimiento contractual o para los supuestos de cumplimiento deficiente o tardío por parte del deudor. De este modo, se dispensa al acreedor de tener que recurrir a una valoración del daño efectivamente causado, de modo que la cláusula penal viene a ser una estimación anticipada del daño que sustrae al acreedor de la prueba de su existencia. Esta regulación, que se ha mantenido invariable desde la promulgación del Código civil, ha sido objeto de especial atención por parte del Anteproyecto de Modernización del Derecho de Obligaciones elaborado por la Comisión de Codificación del Ministerio de Justicia en 2009, siguiendo las orientaciones presentes en otros Códigos civiles europeos así como las aportaciones de prestigiosos académicos, que son expresión del esfuerzo en pro de la armonización del Derecho contractual europeo.The author analyses the legal treatment of the penalty clause into Spanish Civil Law, with special attention to the regulation offered by the Civil Code in their articles 1152 to 1155, the differents functions which the penalty clause achieves and the differentiated regulation into Fuero Nuevo of Navarra in the Lex 518. All of this can be seen as a reflection of the dualism in Spanish Legal System between the Common Civil Law (represented by the Spanish Civil Code) and the Foral or Special Law (represented by differents regionals compilations). The regulation of the Spanish civil code sets as general rule the contractual penalty as substitute of the regime of compensation into the article 1101 of spanish Civil Code in case of breach of contract or in case of defective or untimely performance by the debtor. This provision allows to the creditor to avoid a real damage assessment, so that the penalty clause lets a advanced estimate of damages without needing to prove them. But also admits the regulation of the penalty clause into the spanish Civil Code other functions, for instance the cumulative penalty (with the legal and previously valued compensation of damages or with the specific performance). This regulation, unchanged since the enactment of the spanish Civil Code, has been object of special attention by the preliminary draft to modernisation of the law of obligations drawn up by the Commission of Codification of the Ministry of Justice in 2009, picking up some of the guidelines present in other European Civil Codes as well as in the contributions of prestigiouses scholars, which are expression of the effort aimed at the harmonisation of European Contract Law.

scholarly journals Cases of conversion of the civil legal act in terms of obligations

2021 ◽  
Author(s):  
Mariana Sargarovschi ◽  
Keyword(s):  
Common Property ◽  
Civil Law ◽  
Civil Code ◽  
The Other ◽  
Bill Of Exchange

The conversion, as a way of correcting the causes of nullity of the civil legal act, which consists in capitalizing in a transformed manner the manifestation of valid will expressed in a civil legal act struck by nullity in a subsequent civil legal act, has applicability in various matters of civil law. This paper focuses on the identification and analysis of conversion hypotheses in the field of civil obligations, which can be deduced from the norms of the Civil Code. Thus, the author noted that the manifestation of will, which, void as alienation, may be worth pre-contract of alienation, and to this hypothesis of conversion the author attributed the conversion of a legal act of disposition on a good, concluded in violation of the prohibition of alienation and with the violation of the inalienability clause, as well as the conversion of legal alienation of a common property made by one spouse without the consent of the other spouse. There is also a case of conversion of the legal act in the situation in which an act of constituting an autonomous personal guarantee struck by absolute nullity will be able to be valid as an act of constitution of a surety. The conversion can also take place in case of nullity of the bill of exchange, which can be valued as a writing certifying a claim (confirmation of debt).

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