La persona giuridica nei progetti di codice civile della Cina: discussioni e prospettive
In: Bullettino dell'Istituto di Diritto Romano "Vittorio Scialoja": 6, 2017
DOI: 10.1400/259628
The regime of the juridical person has never been a mere matter of legislative technique. It does concern the knowledge and consideration of its rich legal theoretical and conceptual essence by the citizens, the integration of the western theories and Chinese legal culture, the deep thinking about the notion of juridical person, the comparative analysis related to the types of juridical persons, the scientific distinction between the juridical persons and the other organizations of people to which legal personality is not recognized, as well as many other theoretical issues. It is necessary to start from the perspective of legal history and legal culture in order to undertake a proper analysis of the many issues that the Chinese jurists and legal practitioners are arguing about, such as, how to define the juridical person, which types of juridical persons are to be chosen and regulated by the law etc. Under the premise of a unified legislative body, it is necessary that improvements are brought about with regard to the regulation and classification of the types of juridical persons in the General Part of the Civil Code.