Civil and Commercial Law Forum, Volume 30

Author: Liang Huixing
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Features: The purpose of "Civil and Commercial Law Forum" is to take the actual situation of China's reform and opening-up and the development of a socialist market economy as a starting point, extensively refer to the successful experiences in civil and commercial legislation and the latest case law and doctrines of developed countries and regions, conduct in-depth research on the basic theories and major legal issues in civil and commercial law, and provide a scientific legal foundation for the modernization of China's civil and commercial legislation and the scientific development of civil and commercial judicial 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. The 30th volume of "Civil and Commercial Law Forum" publishes more than ten of the latest research achievements in civil and commercial law, including: "Basic Theoretical Research on Formative Rights" comprehensively and systematically studies the proposal, meaning, nature, classification, and exercise of the concept of formative rights. "On Expected Non-performance" focuses on the expected non-performance system in common law and provides an evaluation and interpretation of the provisions of the Unified Contract Law. "Standards in Virtual Space and Real Space—On the Time and Place of Formation of Electronic Contracts" concludes, after comparing various theories and legislative examples regarding the time and place of contract formation, that the formation time of electronic contracts should adopt the arrival rule, and the formation place should adopt the principle of party autonomy, where the parties themselves make the agreement. "Research on Several Issues of Export Bill Discounting" conducts a systematic study of export bill discounting, combining China's current legal provisions and case law and doctrines both domestically and internationally. "On China's International Protection System for Copyright After Joining the WTO and the Improvement of Copyright Conflict Law" clarifies the international copyright protection system formed after China joined the WTO and focuses on the improvement of China's foreign-related copyright conflict law. "Research on the Common Law System of Contract Frustration" is the first specialized research paper domestically on the common law system of contract frustration. "Specific Performance in English Contract Law" conducts a detailed study of specific performance as a remedy in common law, exploring its historical origins, limitations in application, defenses, and representative theories for economic analysis of specific performance. "The Nature and Application of the Right of Bank Account Merger in English Law" studies the case law and doctrines of the right of bank account merger in English law, analyzing its connections and differences with the right of offset and the right of retention, and discusses the general principles of applying the right of bank account merger. "Between History, Reality, and Ideals—A Brief Review of the European Contract Law Principles" attempts to review the purpose, achievements, and basic content of these principles from the perspective of the history of private law, particularly European contract law, in order to showcase the process of unification of contemporary European private law.