The Birth of the Concept of "Freedom of Contract" in the Early Years of the Republic of China -- Focusing on the Practice of the Supreme Court's Statements

Author: Zhou Bofeng
Publisher:
Publish Date: 2006-01-01
Features: This book explores the topic of legal succession in the late Qing Dynasty and early Republic of China. Compared to criminal law, civil law remains a vast uncharted territory. The main argument of this book examines one of the most fundamental principles of modern civil law—the concept of "freedom of contract"—and investigates how it emerged during the early Republic of China (1912-1928), when the Civil Code had not yet been established. Did it arise through the judicial practices of the highest judicial institution at the time, the Supreme Court of Justice? What social and cultural significance does this historical fact represent? This book attempts to explore and answer these questions.