20th Century Changes in Foreign Civil and Commercial Law

Author: He Qinhua
Publisher:
Publish Date: 2004-06-01
Features: The 16th Annual Meeting of the National Association for the Study of Foreign Legal History was grandly held at Yantai Donghai Hotel from October 12 to 13, 2003, jointly organized by the School of Law of Yantai University and East China University of Political Science and Law. Nearly 80 experts and scholars from major universities, research institutions, and publishing houses gathered to discuss the theme "Changes in Foreign Civil and Commercial Law in the 20th Century." The conference explored the evolution of civil and commercial law systems and principles in the continental legal system since the birth of the French Civil Code 200 years ago, as well as issues such as the Western civil law system, civil subjects, freedom of contract, trust systems, property registration, legal protection of trade secrets, the development of parent-child relationships, the evolution of marital property systems, the introduction of new concepts like "movable rights," the compilation of the "European Civil Code," and the overall trends in the development of Western civil and commercial law in the 20th century. The conference facilitated lively discussions and in-depth academic exchanges. The outcome of this meeting is the book titled "Changes in Foreign Civil and Commercial Law in the 20th Century" presented to the readers.
This year marks the 200th anniversary of the implementation of the French Civil Code, a cornerstone of the continental legal system. To commemorate this historic occasion, this book specially includes six commemorative essays written by Zhang Hongbo, Ye Qiuhua, Wang Yunxia, Zhang Feizhou, Teng Yi, and Meng Zhenxiang. Additionally, the translation of the "Opening of the French Civil Code: Speeches by the Drafting Committee of the Civil Code to the French Parliament" submitted by the four drafting committees of the French Civil Code was commissioned from Yin Jie and Yuan Jing, master's students at the University of Aix-Marseille III in France.
In the context of the development of civil and commercial law in Western countries, the 19th century and the first half of the 20th century represent two distinct eras. The former was dominated by the values of free-market capitalism, where civil and commercial legislation was guided by four major civil law principles: equality of civil rights for all, unlimited private property ownership, freedom of contract, and fault liability. This reflected the private law concept of "maximum individual freedom and minimal state interference." In contrast, the first half of the 20th century saw the establishment of monopolistic capitalism, leading to significant changes in civil and commercial legislation, such as the shift from civil and commercial separation to unification, the gradual replacement of a "person-centered" approach with a "social-centered" one, restrictions on the exercise of property ownership and freedom of contract, and the adoption of both fault-based and no-fault liability in tort law.
After World War II, Western countries experienced further profound changes in civil and commercial subjects and objects, civil and commercial liabilities, the transplantation and localization of civil and commercial legislation, and the convergence and internationalization of such legislation. The 20 thematic essays in this book examine several aspects of these changes in Western civil and commercial law in the 20th century, offering theoretical discussions and analytical insights. While not exhaustive, these contributions provide valuable perspectives that may contribute to advancing civil and commercial law research in China.
In addition to the commemorative essays and thematic essays on the French Civil Code, this book also includes nine specialized essays written by Li Xiuchqing, Liu Yang, Wang Pei, Cheng Bo, Peng Bo, Zheng Shaohua, and Gong Rufu. These essays explore topics such as the inheritance laws of the Germanic Kingdoms, alternative dispute resolution methods in modern Western society, the theory of environmental rights in foreign countries in the 20th century, and the teaching of modern civil and commercial law in Jiangxi. The translation of You Yunping's "On the Relationship Between Parents and Children" is directly adapted from Sir William Blackstone's renowned work, Commentaries on the Laws of England (1765–1769), a classic by a prominent British legal scholar of the modern era. As a reference point, it holds significant value for China's civil legislation as well.
The editing of this book follows the precedent of the first three volumes of the Association's academic series—The Transplantation and Localization of Law, Frontiers of Foreign Economic Law in the 20th Century, and Changes in Foreign Judicial Systems in the 20th Century, published by the China Legal Publishing House in 2001, 2002, and 2003, respectively. In addition to commemorative essays, thematic essays, and specialized essays, this book also features sections such as "Essays in Brief" and appendices to enhance its informational content and depth.
The editing of this book was once again handled by the secretariat of the Association, with Dr. Li Xiuchqing and Dr. Chen Yi taking charge of the specific editing work. Master's students from the Department of Foreign Legal History at East China University of Political Science and Law—Leng Xia, Wang Pei, Liu Yang, and Zhang Bin—also participated in the editing process. Due to the limited academic level and professional knowledge of the editors, various issues and shortcomings may exist in the book. We sincerely hope that the original authors will excuse these shortcomings.
The successful and smooth conclusion of this annual meeting was made possible by the support and assistance of Yantai University and its School of Law. The publication of this book was supported by the association activity funds of East China University of Political Science and Law, the sponsoring institution of the Association, as well as the full support of General Manager Jia Jingping of the China Legal Publishing House and Director Jiang Hao of the Legal Academic Center. Teacher Liu Weijun, the chief editor of this book, devoted significant effort to its editing and publication. Here, we express our heartfelt gratitude to all of them.