La base romanistica della parte generale del codice civile cinese
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 6, 2017
DOI: 10.1400/259626
The general part of civil code of China has six provisions that directly
derived from the Roman law, but these provisions are more abstract than
their prototypes of Roman law, so the process of reception is also the process of abstraction. The six provisions occupy 0.291% among total number
of 206 articles, but they all occupy the keys points, covering the object of
civil law, the principle of civil law, the beginning time of subjectivity, the
maintaining of fair play, the reasons for impunity of responsibility, the time
limit existence of right and other important issues, these points determines
the image of a private law.
These six provisions constitutes evidences that
the general part of civil code of China that will become in vigor on the first
October of 2017 belongs to the Rome law tradition.