Portale di Ateneo - En.Unibs.it

Aims:
Provide general knowledge of Chinese law by also considering its relationship with the contemporary legal systems and, in paricular, its ‘dialogue’ with the Roman law based Civilian tradition. The course aims to deliver a knowledge on Chinese law that could be either employed to further deepen the studies of Chinese law on a later stage and/or to acquire a command of a set of basic instruments to be used in providing legal advices to enterprises engaged in trade and investment with and/or in China.

Programme:
- The People’s Republic of China today, an overview of the public law related aspects (the Constitution – the political and administrative
organisation – the organisation of the judiciary – sources of law);
- The ancient Chinese law and the late Qing ‘modernisation’ leading to the participation of China to the Roman law legal tradition;;
- From the Qing dinasty Civil code draft to the influence of the socialist law models, to the new Civil code. China’s civil and commercial law from
XIX to XXI century;
- The new Civil code: the new General part of civil law and the drafts of the other books of the code currently being elaborated;
- The new General part of the Civil code;
- Property and real rights;
- Obligations: general rules on the obligation, contractual obligations, obligations arising from torts and other kind of obligations;
- Contract law (indepth analysis);
- Obligations arising from torts (indepth analysis);
- The new rules on the personality rights, an outline;
- Family law, an outline;
- Inheritance law, an outline;
- IPRs protection in China;
- Trademarks and patents (indepth analisys);
- The rules on foreign investments in the People’s Republic of China;
- The Belt and Road Initiative and investments (indepth analysis);
- Civil procedure and alternative dispute resolution mechanisms;
(upon agreement with the students participating in the course, based on their interest, and on the time eventually available, it may be possible to analyse the Chinese regulations on some additional topics such as environmental law, food safety, e-commerce, cybersecurity)

Course materials: the course materials will be available for the students participating to the course on the relevant University platforms