Civil and Commercial Law Forum - (Volume 36)

Author: Liang Huixing
Publisher:
Publish Date: 2006-11-01
Features: Principles and Case Studies of Commercial Law is one of the "21st Century Legal Education Series Textbooks for Master of Laws" compiled by the Law School of Renmin University of China. The book largely follows the commercial law system of the civil law tradition, divided into seven parts: General Principles of Commercial Law, Company Law, Bankruptcy Law, Securities Law, Insurance Law, and Maritime Law. These are currently the more mature areas of commercial law research and are also more aligned with the needs of Master of Laws teaching. Considering the limited length of the textbook and the specific characteristics of Master of Laws teaching, Principles and Case Studies of Commercial Law does not comprehensively introduce all aspects and contents of commercial law, but instead selects the most important ones for elaboration and analysis. The book maximally absorbs the advantages of existing commercial law textbooks while introducing innovations and strives to reflect the research achievements accumulated by the authors over the years.
The purpose of Forum on Civil and Commercial Law is to start from the actual situation of China's reform and opening-up and the development of a modern market economy, extensively reference the successful experiences in civil and commercial legislation of developed countries and regions, as well as the latest judgments and doctrines, to study the basic theories and major legal issues of civil and commercial law, and to provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of judicial practice. This aims to elevate the theoretical level of China's civil and commercial law and cultivate theoretical talents in this field. This volume publishes 18 cutting-edge research papers in the field of civil and commercial law, including:
Research on the Legislative Issues of Cooperatives is the latest achievement in the study of cooperative legislation. It conducts a historical and legislative examination of foreign and international cooperative norms, proposing legislative countermeasures for China's cooperative law.
Research on Commercial Trusts explores the mysteries of commercial trusts, reveals their characteristics, analyzes their special regulations, and proposes suggestions for improving China's commercial trust system.
Research on the Propertyization of Personal Information proposes that legal system design should grant information subjects rights such as self-determination over information, restrictions on retransfer, and anonymity to balance the conflict between personal information protection and the free flow of information.
Evolution and Prospects of Parent-Child Law explores the trend of parent-child law evolving from a "family-centered" approach to a "parent-centered" approach and then to a "child-centered" approach, and provides an outlook on future legislation.
Restatement of American Contract Law: Navigating Between Codal Law and Case Law interprets the status, impact, nature, and application of the Restatement of Contracts from the perspective of the evolution of American law itself.
Security Priority in Common Law and Civil Law is written by an expert in British security law and bankruptcy law. This paper introduces the hot topics in British security priority research in recent years: preserving certain interests for unsecured general creditors in security transactions.
Opportunity Loss in Tort Compensation compares the different applications of the opportunity loss theory in British and American courts, proposing that case-by-case analysis is the most appropriate limitation on the scope of this theory.
Liability for Abuse of Control by Parent Companies analyzes 17 Anglo-American case law examples to explore the constitutive elements, forms of liability, and priority of repayment for parent company debt claims against subsidiaries, and proposes relevant suggestions for China's legislation and judicial practice.