This course examines the analytical framework for understanding the three core areas of Chinese private law: contract, property and tort. While Chinese private law is located within the Civil Law Tradition, it displays unique features which demonstrate both its receptivity to global norms and the influence of Chinese social, political and economic factors. Chinese contract law is integral to the functioning of the Chinese market economy and bears the influence of international contract norms. Yet, the conception of ‘right to subrogation’, the ‘right to withdrawal’ and the ambit of third party rights can be surprisingly extensive from the perspective of European private law. Property law will bear socialist overtones and communitarian concerns, even as private ownership and enterprise are promoted. Tort law adopts concepts such as ‘presumed liability’ and ‘equitable liability’ underpinned by the unique social welfare and insurance arrangements in China. 

Continuous Assessment: 40%

Examination: 60%

Examination Duration: 2 hours