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10 - Classifying the Passive Appreciation of Separate Property during Marriage in the Chinese Civil Code
- By Jian He
Edited by Hao Jiang, Università Commerciale Luigi Bocconi, Milan, Pietro Sirena, Università Commerciale Luigi Bocconi, Milan
Book:

The Making of the Chinese Civil Code

Published online:

31 August 2023

Print publication:

14 September 2023, pp 214-234
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Summary

To better understand the actual role of the law within the PRC, Western observers employed, over time, different filters: Chinese traditions, Confucianism, observance of Soviet patterns, independent Marxist-Maoism, legal transplants from the West, and so forth. This paper aims to investigate the role played by some Soviet legal theories in the making of Chinese civil law. In particular, it recalls the tension between Formalism and Anti-formalism in the making of a Civil law with Chinese characteristics, from the times of encumbering Soviet models to the most recent era of (re)codification.