Book contents
- The Making of the Chinese Civil Code
- The Making of the Chinese Civil Code
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 The Making of a Civil Code in China
- 2 Personality Rights in China’s New Civil Code
- 3 Force Majeure or Change of Circumstances
- 4 Article 580 (2) of the Chinese Civil Code
- 5 Contractual Consent in the New Chinese Civil Code
- 6 The Security Interests in Chinese Law
- 7 Chinese Tort Law in the Era of the Civil Code
- 8 Causation in the Chinese Civil Code
- 9 The Aims of Tort Law across China and the West
- 10 Classifying the Passive Appreciation of Separate Property during Marriage in the Chinese Civil Code
- 11 The Rule of Law in Traditional China
- 12 The Private Law Influence of the Great Qing Code
- 13 The New Validity Rules in Chinese Civil Code and Chinese State-Owned Enterprises’ Freedom in Contracting
- 14 Chinese Civil Law and Soviet Influences
- 15 The Connections between Roman Law and Chinese Civil Law
- Index
2 - Personality Rights in China’s New Civil Code
A Response to Increasing Awareness of Rights in an Era of Evolving Technology
Published online by Cambridge University Press: 31 August 2023
- The Making of the Chinese Civil Code
- The Making of the Chinese Civil Code
- Copyright page
- Dedication
- Contents
- Tables
- Contributors
- Preface
- Acknowledgements
- Abbreviations
- 1 The Making of a Civil Code in China
- 2 Personality Rights in China’s New Civil Code
- 3 Force Majeure or Change of Circumstances
- 4 Article 580 (2) of the Chinese Civil Code
- 5 Contractual Consent in the New Chinese Civil Code
- 6 The Security Interests in Chinese Law
- 7 Chinese Tort Law in the Era of the Civil Code
- 8 Causation in the Chinese Civil Code
- 9 The Aims of Tort Law across China and the West
- 10 Classifying the Passive Appreciation of Separate Property during Marriage in the Chinese Civil Code
- 11 The Rule of Law in Traditional China
- 12 The Private Law Influence of the Great Qing Code
- 13 The New Validity Rules in Chinese Civil Code and Chinese State-Owned Enterprises’ Freedom in Contracting
- 14 Chinese Civil Law and Soviet Influences
- 15 The Connections between Roman Law and Chinese Civil Law
- Index
Summary
This chapter explores and assesses the significance of the adoption of a separate part (or, book 编) on personality rights in China’s new Civil Code. We argue that there are profound socioeconomic meanings underlying the technical changes in the classic structure of the civil codes in civil law tradition. On one hand, the stand-alone part on personality rights is the fruit and embodiment of the rising rights consciousness of personality in Chinese civil society, which has been largely unexplored in existing China studies. On the other hand, the part provides a new legislative model to comprehensively tackle the pervasive technological challenges to the protection of personal spheres, which is entangled with the rising rights consciousness over personality in China. Yet, the robustness of the acknowledgment of personality rights in this special part in promoting the protection of such rights remains to be tested in future court judgments.
- Type
- Chapter
- Information
- The Making of the Chinese Civil CodePromises and Persistent Problems, pp. 41 - 76Publisher: Cambridge University PressPrint publication year: 2023