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The Reception of Roman Obligations in China

Authors
  • Wiśniewski, Bartosz
Type
Published Article
Journal
Confrontation and Cooperation: 1000 Years of Polish-German-Russian Relations
Publisher
Sciendo
Publication Date
Dec 01, 2018
Volume
4
Issue
1
Pages
40–45
Identifiers
DOI: 10.2478/conc-2018-0007
Source
De Gruyter
Keywords
License
Green

Abstract

The Chinese legal system has got many keystones. One of them is Roman law. It can be seen in obligations, in the very important part of private law. China has got a unique history and the Latin civilization has got the same characteristic too. Despite the fact of the independent development of the Roman Empire and the Chinese Empire those two legal systems were able to meet in the reception of Roman obligations in China in the twentieth century. That process may create some disputes. Roman law is one of the features of Western civilization. In the Far East, the situation is different. It is not possible to understand the Chinese legal culture without Confucianism, other philosophies, the role of relationships and the heritage of communism. The connection of two different legal systems in the sphere of obligation which was ended in 1999 when The Contract Law was promulgated may be evaluated in different ways. Maybe the most appropriate is the phrase that in current China everything is possible but nothing is easy.

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