Striking the Balance between Contractual Rights and Obligations: Restructured Contract Law in the Newly Enacted Chinese Civil Code

Authors

Mo Zhang, Temple University Beasley School of Law

Abstract

Contract legislation in China experienced a significant change as a result of the Civil Code's enactment in 2020. With a focus on civil rights and private interests, contract law and other areas of law are expected to help promote the development of a rights-based society under the Civil Code-a much wanted shift from the traditionally obligation-based society. In this context, the Civil Code is hailed in China as a milestone in the country's legal landscape.

The Civil Code consolidated the 1999 Contract Law with judicial practices and restructured the legal framework governing contracts by modifying or adding provisions aimed at achieving balanced rights and obligations between the contractual parties. Although the Civil Code demonstrates the progresses made in upholding civil rights and private interests, it remains to be seen how such rights and interests are to be effectively protected, especially when an authoritarian government power is involved. There are many obstacles ahead.

Disciplines

Comparative and Foreign Law | Conflict of Laws | Contracts | International Law | Law

Recommended Citation

Mo Zhang, Striking the Balance between Contractual Rights and Obligations: Restructured Contract Law in the Newly Enacted Chinese Civil Code, 5 Cardozo Int’l & Compar. L. Rev. 81 (2021).
Available at: https://larc.cardozo.yu.edu/ciclr/vol5/iss1/5