Comparative Legal Systems: Civil Law, US Law, Japanese Law, People’s Republic of China, Sharia and Hindu Law

2013 ◽  
pp. 83-96
Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.


2019 ◽  
Vol 6 (4) ◽  
pp. 134-158
Author(s):  
O. Berzin ◽  
E. Shliagina

The legal entity is one of the most common forms of business activity in the Russian Federation and the People’s Republic of China. The regulation of legal entities in Russia and China has changed in recent years, which makes the study of this issue especially relevant. This article explores and compares the concept of business activity, the system of legal entities and several types of particular legal entities in regard to companies found in Russia and China. The research concludes that the system of legal entities in the Russian Federation has an exhaustive regulation that facilitates the interpretation of the civil legislation and allows distinguishing the relevant characteristics of any type of organization. In China, there was no unified system of legal entities until 2017. While the General Provisions of the Civil Law of the People’s Republic of China adopted in 2017 is a serious and important attempt to establish a system of legal entities, the law does not contain the essential characteristics of legal entities; additionally, a number of the provisions of the legal acts in force devoted to the regulation of the activities of legal entities have not yet been brought in line with the new law.


1978 ◽  
Vol 74 ◽  
pp. 334-355 ◽  
Author(s):  
Barden N. Gale

This article will examine the constitution and evolution of the concept of “intellectual property” in the People's Republic of China through an analysis of policy regarding incentives for inventive activity – which in western legal systems would be generally covered by patent law. Hopefully, such an analysis will not only enable us to understand incentives for inventive activity in China, but also to understand crucial property concepts in China, especially “private” or “individual” ownership, during its “socialist transformation.” This, in turn, may shed additional light on the debate on the nature and future disposition of “bourgeois rights.”


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