The Birth of the Concept of "Freedom of Contract" in the Early Years of the Republic of China (Centered on the Practice of Statements by the Supreme Court)

Author: Zhou Bofeng
Publisher:
Publishing Time: Not Available
Features: The exploration of the topic of legal succession in the late Qing Dynasty and early Republic of China reveals that civil law remains a vast, untamed wilderness compared to criminal law. The main argument of this book examines the concept of "freedom of contract," one of the most fundamental principles of modern civil law, to determine 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.