This article aims to set out the historical and legislative backgrounds and introduce the synopsis of the articles included in this special issue addressing the Chinese civil code ('CCC'). It does so by first ...
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This article aims to set out the historical and legislative backgrounds and introduce the synopsis of the articles included in this special issue addressing the Chinese civil code ('CCC'). It does so by first presenting the reasons for and against the introduction of the CCC. Subsequently, some notable rule changes have been highlighted to facilitate a clear understanding of the CCC. It further provides some evaluations on why the CCC was framed as such. Finally, it justifies the selection of the articles for three reasons. The selected articles represent a broad coverage of relevant backbone topics in the CCC. In addition, all the specific topics are chosen meticulously to explore some gaps in the current literature. It is hoped that the authors, through their critical analysis, may provide an insider's perspective into the discussion, thus enriching the literature on the CCC from a comparative perspective.
Every legal system needs to update its rules from time to time. Since legal rules are laid down in language, legal innovation requires linguistic innovation as well. This essay analyses how Hungary modernised its priv...
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Every legal system needs to update its rules from time to time. Since legal rules are laid down in language, legal innovation requires linguistic innovation as well. This essay analyses how Hungary modernised its private law in pre-socialist, socialist and, most important, post-socialist times. The focus of the analysis is the interaction between the modernisation of the substance-matter and the modernisation of legal language. During the codification of the 2009 and 2013 civil codes, the legislator sometimes reverted to pre-socialist Hungarian sources, sometimes reacted to requirements of European Union and international law, and sometimes autonomously created new legal instruments and/or new legal terminology. In order to do so, the codification commissions sometimes received a foreign regulation pattern and created a Hungarian term for it, sometimes they developed the regulation themselves and adopted a foreign term for it, and sometimes the reception of foreign role models ran parallel in substance-matter and terminology. The analysis of the Hungarian post-socialist modernisation of civil law and its linguistic basis shows that terminological and material receptions are not necessarily interdependent but can, and did, happen independently of each other.
The first codes of Louisiana (1808 and 1825) were written in French and translated into English. The revised civil code of 1870 was written in English only. Recent revisions, all in English, aim at promoting a civilia...
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The first codes of Louisiana (1808 and 1825) were written in French and translated into English. The revised civil code of 1870 was written in English only. Recent revisions, all in English, aim at promoting a civilian vocabulary, markedly distinct from the common law vocabulary. This article discusses the translation of the Louisiana civil code from English into French in the context of the steep decline and limited revival of French language usage in Louisiana. It features the purpose and the step-by-step implementation of the translation project, identifying linguistic and legal challenges and resources relied on. The aim is to produce a truly Louisianan translation. Translators therefore resort to original French sources whenever the text has not slightly evolved or was simply reproduced. The process may then be described as retranslation, aiming at reviving the original language. Where texts have been substantially rewritten, yet still reflect civilian logic and style, the translation aims at echoing the spirit of the code. However, in the several occasions where the drafters borrowed common law substance and style, the civilian spirit may no longer vivify the translation, as it is obscured by an overabundance of language.
“Development of family civilization”has joined legislative language system from policy language and ethical language,and has become the basic value orientation of the Marriage and Family Section of civil code of the...
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“Development of family civilization”has joined legislative language system from policy language and ethical language,and has become the basic value orientation of the Marriage and Family Section of civil code of the People's Republic of China(hereinafter referred to as“the civil code”).We need to specify significance and jurisprudence of family civilization,and make family civilization harmonious with the basic principles(basic value orientations)of Marriage and Family Section and Inheritance *** significance of family civilization in the new era should be taken to include equality,respect,loyalty and unity,as is specified through the legal rules of marriage and *** of family civilization does not challenge freedom,but overcomes the defects of individualism in the identity community so as to fully realize the liberal and all-round development of each family *** integrating family civilization with the basic value orientation of its Marriage and Family Section,the civil code has demonstrated a basic position of valuing“family”and of“coordinating the relationship betweenaindividual and family.”Moreover,it has revealed the basic attitude of Chinese people towards marital relationship and even towards marriage and family:Marriage and family provide a warm harbor of ethical love with legal significance,a weal-and-woe-sharing community of affection and property wherein family members,husband and wife in particular,focus on overall *** is a closeknit group of equality,harmony,solidarity,like-mindedness,mutual respect and care for the elderly and for the young,and of trust-worthy team.
The present paper-taking the example of the English translation of the Hungarian civil code of 2013-aims to give an overview on the legal and terminology-related challenges and pitfalls that might occur during the pro...
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The present paper-taking the example of the English translation of the Hungarian civil code of 2013-aims to give an overview on the legal and terminology-related challenges and pitfalls that might occur during the process of translating a civil code with civil law traditions into the language of the common law world. An attempt is made to categorise terminology-related conceptual problems and elaborate how the different types of translation methods (functional equivalence, paraphrasing and neologism) could be applied;moreover, how a kind of legal-linguistic checks-and-balances can be achieved through the well-dosed combination, having also the ratio of similarities to differences (SD-ratio or SD-relationship) of legal concepts behind the respective terms in mind. Legal translators must act beyond the role of a simple translator: they must be comparatists, being aware of the legal origin of the relevant concepts and using the methods of comparative private law and translation studies at the same time, since both law and language are system-bound and are heavily influenced by the cultural and social environment. The authors strive to identify the significance of those problems (and possible solutions) from the perspective of how language-related aspects can perform some fine-tuning on the comparative methodology and findings, whether they are barriers only or provide also an opportunity to verify or refute prima facie comparative results. Comparative law-no doubt-supports legal translation, but their relationship is reciprocal: legal-linguistic subjects and problems emerging in the course of legal translation supply valuable feedback and further sources of inspiration.
Explicit legal regulation is still lacking in many countries for cryptocurrencies like Bitcoin, Ripple, Ethereum, and others. This is not unusual for a new technology. On top of such cryptocurrencies, another new tech...
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ISBN:
(纸本)9781450359337
Explicit legal regulation is still lacking in many countries for cryptocurrencies like Bitcoin, Ripple, Ethereum, and others. This is not unusual for a new technology. On top of such cryptocurrencies, another new technology, so-called smart contracts, has been established. Smart contracts are specialized computer code with the aim to automate the exchange of (digital) assets. In decentralized applications (Dapps), parts of the business logic and the data storage of traditional web applications are replaced with smart contracts. They are credited with considerable potential for commercial use, especially in FinTech but also beyond. Smart contracts mostly lack explicit legal regulation as well. Hitherto there is little experience in applying current law to them. Building a business on uncertain terrain is at least risky. We seek a clarification of smart contracts in the legal context, especially against the background of the civil code.
Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the civil code of ...
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Interpretation(I)of the Supreme People’s Court of Issues Concerning the Application of Law in the Trial of Labor Dispute Cases allows for the application of pertinent laws and regulations,including the civil code of the People’s Republic of China(hereinafter referred to as the“civil code”),in labor dispute *** has resolved the controversy over the relationship between civil law and labor law in academic and practical *** view of this development,we examined four hundred judicial documents,analyzing the focal points of disputes,the reasoning behind judgments,applicable laws,and judgment *** study identified seven impacts of the Contract Book of the civil code on labor dispute trial practices,exploring the underlying logic behind these changes and proposing policy suggestions to promote consistent judgments across jurisdictions,enhance judicial credibility,and encourage employers to govern enterprises in compliance with the law while empowering employees to safeguard their rights in accordance with relevant laws and regulations.
This article explores and assesses the significance of the adoption of a separate part (or, book (sic)) on personality rights in China's new civil code. We argue that there are profound socioeconomic meanings unde...
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This article explores and assesses the significance of the adoption of a separate part (or, book (sic)) 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.
the age of artificial intelligence(AI),robots have profoundly impacted our life and work,and have challenged our civil legal *** the course of Al development,robots need to be designed to protect our personal privacy,...
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the age of artificial intelligence(AI),robots have profoundly impacted our life and work,and have challenged our civil legal *** the course of Al development,robots need to be designed to protect our personal privacy,data privacy,intellectual property rights,and tort liability identification and *** addition,China needs an updated civil code in line with the growth of *** measures should aim to address AI challenges and also to provide the needed institutional space for the development of AI and other emerging technologies.
In 1889, then Mexican President Porfirio Diaz enacted the Mexican Commercial code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use...
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In 1889, then Mexican President Porfirio Diaz enacted the Mexican Commercial code that is still in force today. This code was inspired on the Napoleonic code of 1807. Unfortunately, the Mexican code eliminated the use of commercial customs and practices as an accepted method for breaching gaps in commercial law. Since then, Mexican commercial law has held the civil code as the basis for dealing with gaps and loopholes in the application of commercial law. This has prevented the further development of Mexican commercial law as it is forced to use institutions and doctrines that were not designed to deal with rapidly changing commercial issues. Mexican commercial law would benefit from the reincorporation of commercial customs and practices as a basis to fill in the gaps in the law.
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