By Zhang Xiaoyang
This publication deals transparent and finished assurance of civil legislations in China because it relates to enterprise. It takes a pragmatic technique and is heavy on examples which are according to real criminal circumstances that experience happened in China. utilizing those examples, the writer illustrates how civil legislations performs out in real-life situations.
company humans, scholars and students will all profit drastically from this ebook. Readers may be repaid with an knowing of civil legislations that may lead them to more proficient in any attention of commercial in China and in any enterprise dealing there. they'll additionally achieve a fuller photo of China s fiscal structures (particularly its estate system), the reason in the back of those platforms, and the coverage orientations that would steer their destiny improvement.
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Extra info for Chinese Civil Law for Business
Sample text
The definition of ‘civil rights’ Civil rights are derived from the law. They are legally enforceable and protected by the law. ’ Doctrines about civil rights stem from the civil law jurisdictions that occupy a predominant position in Continental Europe. ’ While ‘civil rights’ appears to be an abstract legal term, civil rights, in essence, describe what one can do, while civil obligations indicate what one must do. For average citizens, enjoying rights and fulfilling obligations are two sides of the same coin.
On the other hand, it is virtually an ineluctable obligation to pay tax to the government. Within the scope of civil law, people possess civil rights that entitle them to do whatever they desire to do, given that no prohibition against or restriction on doing so has been imposed by the law. Hence, no person or organization (including the government) is allowed to restrain people’s freedom of exercising their civil rights. 32 General principles of civil law For example, if the law does not stipulate that people need to pay estate tax or inheritance tax, tax will not be levied when the property of a deceased family member is transferred to them.
However, some customers, after signing contracts, defaulted on their payments to the company. 24 An introduction to civil law This example illustrates that business activities can always be subject to regulation under a civil law framework: the establishment of a partnership is governed by the Partnership Law; converting the partnership into a limited liability company requires going through the procedures and meeting the requirements of incorporation which are prescribed by the Company Law; selling products to customers gives rise to contractual relationships subject to the Contract Law; default of payment leads to a breach of contract, the consequence of which is also provided in the Contract Law.
