Private Law Theory

ABSTRACT
This chapter assesses the systematization of the Chinese Civil Code (‘CCC’) by using multiple internationally accepted criteria. It concludes that while the CCC has generally adopted a logical macro structure akin to the BGB, a number of problems currently exist at a micro level, which severely diminishes the systematization of the Code. Inconsistency between different provisions, repetition, inadequate use of cross-referencing, and the overly broadness of some provisions have been identified as the major problems in this regard. The uneasy relationship between provisions governing obligations in general and provisions governing contracts only within Title 1 of Book III Contracts also poses a potential challenge. By identifying and analyzing these problems, the present chapter hopes to contribute to their future solution by way of legislative amendments and judicial interpretations.

Liu, Qiao, The Chinese Civil Code: The Problem of Systematization (December 21, 2022) in Michele Graziadei and Lihong Zhang (eds), The Making of Civil Code in the World (Springer, forthcoming 2022); City University of Hong Kong School of Law Legal Studies Research Paper No 2022(2)-008.