Abstract

SCHIPANI, Sandro. Romanistic Foundations and Chinese Law (Considerations on a Common Effort to Increase the System). Rev. Derecho Privado [online]. 2018, n.35, pp.21-53. ISSN 0123-4366.  https://doi.org/10.18601/01234366.n35.02..

China has, since the end of the eighteenth century, renewed its orientation towards the system of Roman law. After 1978, there was a demand from Chinese jurists for direct contact with ancient sources. The Observatory on codification and training of the jurist in China under the Roman legal system has started a response. It is derived from what a Chinese colleague had qualified as a "second reception". Civil Code work develops the growth of Chinese legal science and the Code is the fruit of this development. In this process, it is of central importance the permanent recognition that ius in the system is the result of a plurality of sources, and in particular the statutes of the people (law and custom) and iuris scientia. The role of this plurality of sources is then essential for the permanent updating of ius gentium and its principles in the common work of system enhancement.

Keywords : Roman Law; Comparative Law; System of Roman Law; codification; Chinese Civil Code.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )