Title: On Construction and Arrangement of the General Part of Obligation Law in China's Civil Code
Abstract: On the issue weather should we set the general part of obligation law in our country's Civil Code,there are different opinions in academic circle,and targeted legislation advices were put foward separately.General part of obligation law as the leading and guiding part for obligation law should be incorporated in China's Civil Code.It's not only be determined by the function of general part of obligation law but it is also demanded by the position of civil law in risk society and at the same time it is also the wise choice to absorb other's experience.In the future,in the process of civil law legislation we shall try to amend the relations among general part of obligation law,contract law and tort law so as to make the latter 2 ones the function of the general partm,but also the result determined by orientation of civil law in the society of venture.What's more,it's the choice for China's Civil Code to learn from other countries or regions.During the future legislation of China's civil law,the relationship between the general part of obligation law and counterpart of Contract Law as well as Tort Liability Law should be revised so that the latter should adopt with the demand of the general part of obligation law.In the future days of civil legislation we shall coordinate the relations among general part of obligation law,general part of contract and tort law thus make the latter 2 ones adaptable to general law of obligation law and even make necessary amendment to meet the general part of obligation law's need.
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: article
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