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Private International Law in Mainland China, Taiwan and Europe
Inhaltsübersicht: Part 1: Jurisdiction, Choice of Law, and the Recognition of Foreign Judgments in Recent Legislation Jin Huang: New Perspectives on Private International Law in the People's Republic of China - Rong-Chwan Chen: Jurisdiction, Choice of Law and the Recognition of Foreign Judgments in Taiwan - Stefania Bariatti: Jurisdiction, Choice of Law and the Recognition of Foreign Judgments in Recent EU Legislation Part 2: Selected Problems of General Provisions Weizuo Chen: Selected Problems of General Provisions in Private International Law: The PRC Perspective - Rong-Chwan Chen: General Provisions in the Taiwanese Private International Law Enactment 2010 - Jürgen Basedow: The Applica...
Charity with Chinese Characteristics
This thought-provoking book explores the functions of charitable foundations in the People's Republic of China. Using both empirical fieldwork and extensive textual analysis, it examines the role of foundations in Chinese society and their relationship with the Chinese government, and provides a new, functional perspective on the role of foundations, complementing mainstream civil society and corporatist perspectives.
Gläubigeranfechtung in China
English summary: Knut Benjamin Pissler's objective is to answer the question of the origin of Chinese civil law as exemplified by the right of revocation, which enables the creditor to rescind certain acts of his debtor which would diminish the debtor's assets. The author compares Chinese law before the establishment of the PR China in 1949 with the right of revocation enacted in Chinese contract law in 1999. He also questions whether jurisprudence and the academic discussion in the Republic of China on Taiwan influences the legislation in the PR China, and shows that the codification of Chinese civil law has been influenced by German, French and Japanese law. However, legislation, jurisprud...
Annual Report
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China's New Silk Road Dreams
The contributions compiled in this issue engage in critical evaluation of China's "New Silk Road initiative" ("Belt and Road Initiative" [BRI]) by focusing on the potential long-term political and economic effects and implications for Sino-EUropean and Sino-African relations. The authors take the launching of the BRI (October 2013) as a starting point for a general, theory-guided qualitative re-evaluation of the basic patterns of Chinese foreign relations and global interactions under the fifth generation of Chinese political leaders. In 2013, the Chinese state president, Xi Jinping, framed BRI as a global connectivity network consisting of a multitude of overland passages and maritime transportation corridors. Xi Jinping's report to the 19th Party Congress (2017) set the BRI as an anchor concept of China's fine-tuned foreign strategy in the 21st century.
Mediation
Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative...
Chinesisches Kapitalmarktrecht
English summary: After thirty years of Maoism, a securities market has been developing in the People's Republic of China since the end of the 80s. In 2002, the Chinese share markets in Shanghai and Shenzhen had already become the second largest in Asia. China has gradually set up a regulatory framework and a powerful supervisory body, the China Securities Regulatory Commission (CSRC), to ensure the functioning of the securities market and to protect investors. Knut Benjamin Pissler gives a systematic analysis of Chinese securities law in its current stage of development. He illustrates the problems which arise as well as the solutions to these provided in the relevant literature and practice...
Wohnungseigentum in China
English summary: With the promulgation of the Property Law of the People's Republic of China in 2007, Chinese condominium law was based on a new legal foundation. However, the law regulates the related questions only very minimally. Knut Benjamin Pissler provides for a systematic overview on Chinese condominium law according to all the relevant administrative regulations and judicial interpretations of the Supreme People's Court, which are also attached to this work in a Chinese-German version. German description: Mit der Verabschiedung des Sachenrechtsgesetzes in der Volksrepublik China in 2007 wurde auch das Recht des Wohnungseigentums auf eine gesetzliche Grundlage gestellt. Dort ist dies...
