Conflict of Laws in the People’s Republic of China

Conflict of Laws in the People’s Republic of China

Elgar Asian Commercial Law and Practice series

Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo

The area of conflict of laws in China has undergone fundamental development in the past three decades and the most recent changes in the 2010s, regarding both jurisdiction and choice of law rules, mark the establishment of modern Chinese conflicts system. Jointly written by three professors from both China and the UK, this book provides the most up-to-date and comprehensive analysis of Chinese conflict of laws in civil and commercial matters. It takes into account the latest developments in legislation and judicial interpretation, case law and judicial practice, and historical, political and economic background, especially recognizing the scholarly contribution made by Chinese scholars to this field.

Chapter 11: CHOICE OF LAW IN PROPERTY

Zheng Sophia Tang, Yongping Xiao and Zhengxin Huo

Subjects: asian studies, asian law, law - academic, asian law, private international law

Extract

Chinese choice of law in the transfer of property was undeveloped until very recently. This was largely caused by the under-development of Chinese property law which was once regarded as the weakest area in the Chinese civil law system. The concept of individual property rights was held to be contrary to the public or collective ownership of the socialist legal system until the 1980s. In the early stages of the economic transition, the drawback of the lack of property law was dealt with by strong administrative measures. However, as a consequence of the development of the ‘market economy’, the legal barrier turned to be a prominent obstacle. Chinese authorities had to confront the legal barrier and various measures were adopted to produce a piecemeal, inconsistent and contradictory framework, including incomprehensive and unsystematic legislation, administrative regulations, and judicial interpretations. The framework was incompatible with the policy of economic transition. After 2003, Chinese legislators commenced the legislative process on the PRC Property Law, which was adopted in 2007. The reform of choice of law in property closely accompanied the development of property law. Before the Conflicts Act was promulgated in 2011, Chinese choice of law in property was incomprehensive and spread through in a variety of statutes.

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