In the PRC Civil Code, the rules on obligations are spread across different books due to the lack of a book devoted to the obligation. Therefore, contradictions may appear by merely taking into account its provisions. For instance, in the Book on contracts, where – by using a synecdoche – the contract is defined as an agreement. Nonetheless, a section on quasi-contracts is provided, while, on the other hand, in the whole Code, no reference is made to quasi-delicts. However, if the provisions of the Code are interpreted by taking into account the different paths that led to the elaboration of the obligatio as well as of its divisiones, it is possible to notice an extraordinary relevance of the obligation as an ‘ordering category’. Furthermore, in this way it will be possible to solve the apparent contradictions and thus deliver benefits for its usage in the legal practice.
Obligationes ex variis causarum figuris e sistematica delle obbligazioni nel Codice civile della Repubblica popolare cinese
stefano porcelli
2022-01-01
Abstract
In the PRC Civil Code, the rules on obligations are spread across different books due to the lack of a book devoted to the obligation. Therefore, contradictions may appear by merely taking into account its provisions. For instance, in the Book on contracts, where – by using a synecdoche – the contract is defined as an agreement. Nonetheless, a section on quasi-contracts is provided, while, on the other hand, in the whole Code, no reference is made to quasi-delicts. However, if the provisions of the Code are interpreted by taking into account the different paths that led to the elaboration of the obligatio as well as of its divisiones, it is possible to notice an extraordinary relevance of the obligation as an ‘ordering category’. Furthermore, in this way it will be possible to solve the apparent contradictions and thus deliver benefits for its usage in the legal practice.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
