the German civil law is used for reference to the hot problems of Chinese civil laws from such aspects as the unification of Chinese laws,the transplant of laws,the theory of abstract act of property right,the separation of civil and commercial laws,fiveChapter system.
Though right concept has played a key role in constructing the German Civil law system, but it faces some predicaments in adopting the right leading mode.
It is common sense for law experts that Chinese civil law has been greatly influenced by German civil law,which has been a bright pearl in the legislation history of the world.
For example, legal scholars classify Turkey in the German civil law tradition.
例句来源
A natural person's capability for civil liability refers to his capability to commit act of tort. The system of natural person's capability for civil liability has been developed from the doctrine of negligence. Equitable liability and no capability for civil liability leave no space for the application of the principle of non-fault liability. The relevant provisions in the General Principles of Civil Law of the People's Republic of China are not very reasonable and need to be further improved. In the proce...
The concept of accompanying obligation can be traced back to the precedent/case law theory of German Civil Law. By comparing it with obligation before the contract, obligation after the contract,obligation to perform and false contract obligation, this article manages to illustrate the meaning and features of accompanying obligation and its main forms.
The protection of the third party acting in good faith on the change of real property is connected to the real right law and contract law. As for registration, the test of effection was adopted by German civil law; the test of adverse registration was adopted by Japanese civil law. The author analyses the effect of two tests on the third party acting in good faith on the change of two times sale and switch sale of the real property. The author thinks there is no radical difference on two tests of registrati...