Transactions under Chinese and Russian Laws: The General and Peculiar

The article analyzes civil legislation on transactions in Russia and China. The author points out that the development of trade relations between these two countries dictates the need to pay attention to the peculiarities of the legal regulation of transactions. Ensuring proper civil law interaction between counterparties can be facilitated by the convergence of legislation on transactions. To better understand their regulation, the author analyzes Chinese and Russian civil law by comparing the legal regulation of transactions. The article concludes that legislators in China and Russia, when forming general provisions on transactions, used a common approach, which is determined by the fact that the roots of civil legislation in both countries go back to the theoretical developments of German pandectists of the 19th century. Chinese civil law, like Russian civil law, has changed over time in terms of regulating transactions. The legislator of the PRC not only successfully used proven foreign principles, but also took into account the resources of ancient and modern China. Despite the identified similarities, the legislation on transactions in the countries under consideration also has a number of features. At the same time, they should not have a significant impact on the civil law interaction of entities from the countries under consideration, since they are more theoretical than applied in nature.

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Publication Details

Journal
JURIST
Published
2024-09-12
DOI
https://doi.org/10.18572/1812-3929-2024-9-61-66
Primary Topic
Conflict of Laws and Jurisdiction
Type
article
Field-Weighted Citation Impact
0.00
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article

Transactions under Chinese and Russian Laws: The General and Peculiar

В. В. Семенов
JURIST
Conflict of Laws and Jurisdiction
article

Transactions under Chinese and Russian Laws: The General and Peculiar

В. В. Семенов
article en

Abstract

The article analyzes civil legislation on transactions in Russia and China. The author points out that the development of trade relations between these two countries dictates the need to pay attention to the peculiarities of the legal regulation of transactions. Ensuring proper civil law interaction between counterparties can be facilitated by the convergence of legislation on transactions. To better understand their regulation, the author analyzes Chinese and Russian civil law by comparing the legal regulation of transactions. The article concludes that legislators in China and Russia, when forming general provisions on transactions, used a common approach, which is determined by the fact that the roots of civil legislation in both countries go back to the theoretical developments of German pandectists of the 19th century. Chinese civil law, like Russian civil law, has changed over time in terms of regulating transactions. The legislator of the PRC not only successfully used proven foreign principles, but also took into account the resources of ancient and modern China. Despite the identified similarities, the legislation on transactions in the countries under consideration also has a number of features. At the same time, they should not have a significant impact on the civil law interaction of entities from the countries under consideration, since they are more theoretical than applied in nature.

JURIST
Openalex Percentile: Top 73%
Conflict of Laws and Jurisdiction
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Transactions under Chinese and Russian Laws: The General and Peculiar — В. В. Семенов · JURIST (2024) | TGRS Research Map | TGRS