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LW3611 - Private Law of the PRC

Offering Academic Unit
School of Law
Credit Units
3
Course Duration
One Semester
Equivalent Course(s)
Course Offering Term*:
Semester A 2023/24

* The offering term is subject to change without prior notice
 
Course Aims

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.


Assessment (Indicative only, please check the detailed course information)

Continuous Assessment: 40%
Examination: 60%
Examination Duration: 2 hours
The use of Generative AI tools is not allowed.

Students must obtain a minimum mark of 30% in both coursework and examination and an overall mark of 40% in order to pass the course.

When University facilities and resources are available, students may be required to take a computer-based examination in computer labs. During the examination, students are blocked from access to files, programs and the Internet.
 
Detailed Course Information

LW3611.pdf