Civil and Commercial Law Symposium (Volume 30)

Author: Liang Huixing
Publisher:
Publish Date: 2004-06-01
Features: The purpose of Civil and Commercial Law Forum is to, based on the actual conditions of China's reform and opening-up and the development of a socialist market economy with modernization, extensively refer to the successful experiences in civil and commercial legislation and the latest case law and doctrines of developed countries and regions. It conducts in-depth research on the fundamental theories and major legal issues in civil and commercial law, providing a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of civil and commercial adjudication practice. It aims to enhance the theoretical level of civil and commercial law and promote the cultivation of research talents in civil and commercial law theory. The 30th volume of Civil and Commercial Law Forum publishes over ten of the latest research findings in civil and commercial law, including: Basic Theoretical Research on Formative Rights, which conducts a comprehensive and systematic study on the proposal, meaning, nature, classification, and exercise of formative rights. On Anticipatory Repudiation, which focuses on the anticipatory repudiation system in common law and provides an evaluation and interpretation of the provisions in the Uniform Contract Law. Standards in Virtual Space and Real Space—On the Time and Place of Formation of Electronic Contracts, after comparing various theories and legislative examples on the time and place of contract formation, concludes that the formation time of electronic contracts should adopt the receipt rule, and the formation place should adopt the principle of party autonomy, where the parties themselves make the agreement. Research on Several Issues Concerning Export Bill Discounting, which conducts a systematic study on export bill discounting in light of China's current legal provisions and domestic and international case law and doctrines. On China's International Protection System for Copyright After Joining the WTO and the Improvement of Copyright Conflict Law, after clarifying the international protection system for copyright formed after China joined the WTO, it focuses on the improvement of China's foreign-related copyright conflict law. Research on the Common Law System of Contract Frustration, the first specialized research paper in China on the common law system of contract frustration. Specific Performance in Common Law Contract Law, which conducts a detailed study on the historical origins, limitations in application, defenses, and representative theories for economic analysis of specific performance in common law contract law. The Nature and Application of the Right of Bank Account Merger in English Law, which studies the case law and doctrines on the right of bank account merger in English law, analyzes the connections and differences between the right of bank account merger, the right of offset, and the right of retention, and explores the general principles of the application of the right of bank account merger. Between History, Reality, and Ideals—A Brief Review of the European Contract Law Principles, which attempts to review the purpose, achievements, and basic content of the European contract law principles from the perspective of the history of private law, especially European contract law, in order to demonstrate the process of unification of contemporary European private law.