15 - The Connections between Roman Law and Chinese Civil Law

Summary

The chapter focuses on the treatment of causation in Book VII on tort law of the Chinese Civil Code. After some remarks on the role that legislation can play in governing causation, the chapter reviews in a comparative perspective the location, breadth and content of general and special provisions on causation in the CCC. The analysis will show that what the CCC says on causation, and, perhaps more importantly, what it does not say, demonstrate a deep awareness of the relentless dynamics underlying tort law discourses and practices. Provisions on causation in the CCC strike a well-balanced compromise between the need of providing clear statutory guidance and the opportunity of allowing courts with substantial room to maneuver in light of the specific circumstances of each case.