On May 28th and 29th, the international conference “Civilian Reflections on the Chinese Civil Code: A Dialogue between Legal Cultures” was co-organized by the University of Edinburgh and Zhongnan University of Economics and Law. Successfully held in Edinburgh and Wuhan, its esteemed hosts were Professor Paul Du Plessis from the University of Edinburgh and Professor Huang Meiling from Zhongnan University of Economics and Law. Those distinguished speakers who delivered speeches both online and offline including Dr. Francesca Lurlaro from Max Planck Institute for Comparative Public Law and International Law; Associate Professor Li Jun from Zhongnan University of Economics and Law; Professor Chen Lei of Durham University and “Wenlan Scholar”of Zhongnan University of Economics and Law; Dr. Asya Ostroukh of the University of Edinburgh and the University of the West Indies; Dr. Craig Anderson of Robert Gordon University; Professor Zhang Jiayong from Zhongnan University of Economics and Law; Professor Xie Hongfei from the Chinese Academy of Social Sciences, and Associate Professor Zhang Jing from Zhongnan University of Economics and Law.
At the onset of the conference, Professor Paul Du Plessis and Professor Huang Meiling, as the conveners, provided a brief overview of this international conference. Professor Paul Duplessis revisited the collaborative history of the two universities and expressed his delight in the signing of a memorandum of cooperation. It was his hope that further exchanges in legal and cultural dimensions will be realized between the two universities. Professor Huang Meiling expressed sincere gratitude for the wholehearted support of Professor Paul Du Plessis and interpreted the significance and essence of the conference from the perspective of Roman law.
The conference delved into the book of property rights under Chinese Civil Code, encompassing three thematic sessions: “Foundations of Property Law,” “Limited Real Rights,” and “Regimes of the Disposal of Property”.
The first two units took place on May 28th, with the third unit occurring on May 29th.
Professor Paul Du Plessis presided over two thematic sessions, namely, “Foundations of Property Law” and “Limited Real Rights”.
Dr. Francesca Lurlaro expounded on the views of Italian jurist Alberico Gentili to illustrate how Virgil indirectly documented ancient Roman law through poetry. She meticulously explicated Gentili’s analysis of Virgil’s works and expressed her aspiration to gain deeper insights into traditional Chinese law and concepts of interpersonal relationships through the study of ancient Chinese literature.
Associate Professor Li Jun delved into the profound implications of preferential performance in Suretyship Contract. He posited that when the establishment of a real estate mortgage contract is divorced from the establishment of the real estate mortgage right, the fulfillment of the mortgage contract, as the fundamental obligation of the agreement, would engender a legal consequence of preferential performance if the former is established while the latter is not. Subsequently, he expounded upon the alternative issues related to the parties’ intentions in preferential transfer and the constraints on preferential transfer.
During the discussion, Professor Zhang Jiayong addressed Dr. Francesca Francesca Lurlaro’s inquiry regarding whether ancient Chinese pastoral poetry encompasses legal content, after which Professor Chen Lei proffered his insights on the matter. Following this, Professor Paul Du Plessis engaged in profound discussions with Associate Professor Li Jun concerning the concept of preference and related issues, while Professor Zhang Jiayong further elucidated Associate Professor Li Jun’s responses.
Professor Chen Lei, through a meticulous examination of the evolution of condominium laws, has intricately expounded upon the intricate interplay between China’s property right and urban governance. He astutely posited that the shift of urban governance exerts a significant influence on the development of China’s property rights, particularly within the domain of condominium laws.
Dr. Asya Ostroukh conducted a comprehensive analysis of the contents and categorizations of limited real rights in the Civil Code of the PRC, drawing comparisons with the civil codes of other continental law jurisdictions, thereby shedding light on the distinctive nature of limited property rights within the Civil Code of the PRC.
Furthermore, the lecture by Ms. Maria Jesus Ithurria from the esteemed Law School of the Edinburgh University, titled “Servitudes in the New Chinese Civil Code: A Civilian Perspective”, was successfully conducted via Zoom.
Dr. Ithurria meticulously delved into the concept, classification, and functions of servitudes, articulating her discourse in three parts. Commencing with an elucidation of the concept of servitudes in Roman law and within the civil codes of France, Chile, and China, she then proceeded to provide a detailed exposition of the various types of servitudes in Chinese Civil Code, encompassing natural servitudes, statutory servitudes, and contractual servitudes. In the final segment, Dr. Ithurria underscored the application of functionalism theory within the system of servitudes delineated in Chinese Civil Code.
On May 29th, Professor Huang Meiling presided over the discussion session of the third panel, focusing on the theme of “Regimes of the Disposal of Property.”
Dr. Craig Anderson delivered a discourse at the academic conference, shedding light on the transfer of ownership in the Chinese Civil Code. He meticulously unraveled the nuances of transfer across different legal systems, while astutely highlighting the far-reaching civilian influence on the transfer system embedded within our nation’s Civil Code.
Professor Zhang Jiayong centered on the functionalism perspective of atypical security. He expounded upon the conditional nature of functionalized security transactions. Moreover, he delved into the issue of effectively constructing or reconstructing regulations within the confines of a formalistic codified structure, an ever-relevant concern that lies at the heart of contemporary discourse. Clearly, both the theoretical framework and practical application of Chinese civil law have yet to traverse the path that lies ahead.
Professor Xie Hongfei embarked on a comparative analysis of the registration systems for secured transactions incorporeal movables and rights in China and the United States. In his exposition, he deftly elucidated the key disparities that exist in terms of registration models, authorities, eligible corporeal movables and application procedures associated with the registration process.
Associate Professor Zhang Jing introduced the flexibility of the transfer system under Chinese property law. He clarified the constituents and legal effects of such transfers, providing a multifaceted analysis from the aspects of legal doctrine and pragmatic policy. Through this lens, the flexibility of our transfer system was unveiled.
During discussion, Associate Professor Li Jun engaged in an intellectual exchange with Professor Zhang Jiayong, exploring the transfer secured corporeal movables within the dichotomy of functionalism and formalism. Addressing a query posed by Dr. Craig Anderson, Associate Professor Zhang Jing offered a response on the topic of the right to reclaim restitution, as prescribed by Article 227 of our Civil Code. Lastly, Professor Xie Hongfei and Associate Professor Zhang Jing embarked upon a debate surrounding the classification of China’s unique movables and rights registration system—should it be categorized as document registration or right registration?
As this conference approached its conclusion, Professor Paul Du Plaisie took a moment to express his heartfelt gratitude to all attendees, particularly extending his appreciation to the esteemed scholars from Zhongnan University of Economics and Law. Professor Du Plaisie commended the event as an invaluable platform for cross-cultural legal dialogue, fostering new connections between Chinese and Western legal traditions. He underscored that a civil code not only encapsulates a nation’s legal heritage but also paves the way for its future trajectory. In an era of deepening globalization and ever-increasing international interconnectedness, the interpretation and translation of legal codes become a weighty responsibility. Professor Huang Meiling lauded the captivating insights shared by erudite speakers, applauding this international conference as a feast of knowledge, brimming with profound significance.
And so, with great success, the curtain is drawn on the two-day international academic conference titled “Civilian Reflections on the Chinese Civil Code: A Dialogue between Legal Cultures”.
