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Front.Law China(2006)1:121-152 123 The drafiing of Chinese civil code According to the design of Professor Huixing Liang and his drafting group,the future Chinese Civil Code should be composed of seven Books,which includes: Book One:General Provisions; Book Two:Law of Property; Book Three:Law of Obligation in General; Book Four:Law of Contracts; Book Five:Law of Torts; Book Six:Law of Marriage and Family Relationship; Book Seven:Law of Succession. A drafting group,which is composed by more than 20 Chinese scholars and in charged by Professor Liang,had finished its drafting work of Chinese Civil Code.And as a final achievement,a text composed of 1,924 articles has been published.4 The Legal Work Commission of the Standing Committee of the National People's Congress also prepared a new draft of civil law in December 2002 (here after the "Draft 2002").The Draft 2002 is composed with nine books,namely: Book One:General Provisions; Book Two:Law of Property; Book Three:Law of Contract; Book Four:Law of Personality; Book Five:Law of Marriage; Book Six:Law of Adoption; Book Seven:Law of Succession; Book Eight:Law of Torts; Book Nine:Law of Application of Law in Civil Relations with Foreigners. Now the new draft is also in the course of inquiring opinions and suggestions. The expansion of contractual obligations and a new structure of contractual liabilities in Chinese laws The expansion of contractual obligations In former Chinese contract law theories,it had been thought that contractual obligations meant obligations agreed by the parties(Leistungspflicht).But in the past 10 years,theories on contractual obligations in Chinese civil law science developed a lot.And this profits from theory receptions of foreign cases and theories.> 3 The author is also a member ofthe drafting group,in charge of the drafting of Liabilities for Breach of Contract of Book Four. As a publication in Chinese,see Huixing Liang ed..A propositional draft of Chinesecivil code,(2003),Law Press,China. 5 See Tze-chien Wang,Studies on civil law theories and cases,Vol.4.(1991),Taiwan;Jiafu Wang ed.,Law of Obligation,(1991.Guangxing Zhang),Law Press,China,pp.143-150.The drafting of Chinese civil code According to the design of Professor Huixing Liang and his drafting group,3 the future Chinese Civil Code should be composed of seven Books, which includes: Book One: General Provisions; Book Two: Law of Property; Book Three: Law of Obligation in General; Book Four: Law of Contracts; Book Five: Law of Torts; Book Six: Law of Marriage and Family Relationship; Book Seven: Law of Succession. A drafting group, which is composed by more than 20 Chinese scholars and in charged by Professor Liang, had finished its drafting work of Chinese Civil Code. And as a final achievement, a text composed of 1,924 articles has been published.4 The Legal Work Commission of the Standing Committee of the National People’s Congress also prepared a new draft of civil law in December 2002 (here after the “Draft 2002”). The Draft 2002 is composed with nine books, namely: Book One: General Provisions; Book Two: Law of Property; Book Three: Law of Contract; Book Four: Law of Personality; Book Five: Law of Marriage; Book Six: Law of Adoption; Book Seven: Law of Succession; Book Eight: Law of Torts; Book Nine: Law of Application of Law in Civil Relations with Foreigners. Now the new draft is also in the course of inquiring opinions and suggestions. The expansion of contractual obligations and a new structure of contractual liabilities in Chinese laws The expansion of contractual obligations In former Chinese contract law theories, it had been thought that contractual obligations meant obligations agreed by the parties (Leistungspflicht). But in the past 10 years, theories on contractual obligations in Chinese civil law science developed a lot. And this profits from theory receptions of foreign cases and theories.5 3 The author is also a member of the drafting group, in charge of the drafting of Liabilities for Breach of Contract of Book Four. 4 As a publication in Chinese, see Huixing Liang ed., A propositional draft of Chinesecivil code, (2003), Law Press, China. 5 See Tze-chien Wang, Studies on civil law theories and cases, Vol. 4, (1991), Taiwan; Jiafu Wang ed., Law of Obligation, (1991, Guangxing Zhang), Law Press, China, pp.143–150. Front. Law China (2006) 1: 121–152 123
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