The Sapienza University of Rome
Zhongnan University of Economics and Law
On the 13th of May, the Sapienza University of Rome played host to an illustrious event titled “Celeratione Del Codice Civile Cinese”. In response to the organizers’ kind invitation, Professor Oliviero Diliberto, Dean of the Law School at the Sapienza University of Rome and Distinguished Lecturer at Zhongnan University of Economics and Law, along with Luan Yongyu, Secretary of the Standing Committee of the CPC ZUEL Committee, assumed the role of co-hosts for this remarkable occasion. The distinguished gathering comprised esteemed attendees including Mr. Fang Lan Yi, Ambassador of the Republic of Italy to the People’s Republic of China; Mr. Li Junhua, Ambassador Extraordinary and Plenipotentiary of the People’s Republic of China to the Republic of Italy and concurrently to the Republic of San Marino; Dr. Antonella Polimeni, President of the Sapienza University of Rome and Mr. Yang Canming, Deputy Secretary of the CPC ZUEL Committee and President of ZUEL, all of whom delivered insightful addresses. The event also witnessed the presence of eminent legal scholars from both China and Italy, such as Professor Antonio Masi, Professor Antonio Saccoccio and Professor Domenico Dursi from the Sapienza University of Rome, Professor Riccardo Cardilli and Professor Massimiliano Fanci from the Second University of Rome, Professor Cui Jianyuan from Tsinghua University, Professor Sun Xianzhong from the Chinese Academy of Social Sciences, Professor Wang Liming from Renmin University of China, Professor Xia Yinlan from China University of Political Science and Law, as well as Professor Yao Li, a member of the Standing Committee of the CPC ZUEL Committee and Vice President, and Professor Xu Diyu, Assistant to the Principal and Director of the International Exchange Department, both from Zhongnan University of Economics and Law. Moreover, Professor Chen Baifeng, Dean of the Law School at Zhongnan University of Economics and Law, along with officials responsible for various departments, the Law School, and the China-Italy Institute from Zhongnan University of Economics and Law, actively participated in this momentous celebration from Rome, Beijing, and Wuhan, either in person or through online.
The grand event was co-hosted by Professor Oliviero Diliberto, Dean of the Law School at the Sapienza University of Rome and Distinguished Lecturer at ZUEL, alongside Mr. Luan Yongyu, Secretary of the Standing Committee of the CPC ZUEL Committee.
At the beginning of the event, Mr. Fang Lan Yi, Ambassador of the Republic of Italy to the People’s Republic of China, commenced proceedings by expressing sincere gratitude for the invitation of the Sapienza University of Rome. He extended his greetings to the distinguished assembly of experts and scholars in attendance. In his address, he underscored the significant achievements in China’s legal construction showcased by the promulgation and implementation of the Chinese Civil Code. Moreover, he lauded the series of celebrations marking the one-year anniversary of the Civil Code as a testament to the bountiful fruits borne from academic exchanges between the two nations. He also acknowledged the collaborative accomplishments in talent cultivation and scientific research between ZUEL and the Sapienza University of Rome over recent years. Furthermore, he expressed his hope that the newly established Sino-foreign joint educational institutions at the two universities will make substantial contributions to the deepening of exchanges and cooperation between China and Italy.
Mr. Li Junhua, Ambassador Extraordinary and Plenipotentiary of the People’s Republic of China to the Republic of Italy and concurrently to the Republic of San Marino, expounded on the enduring nature of the rule of law and positioned the Chinese Civil Code as a momentous achievement deeply rooted in contemporary Chinese realities while embracing a forward-looking perspective. He articulated his belief that scholarly discourse and exchanges on the Chinese Civil Code within the legal communities of China and Italy will serve to further deepen cultural exchanges, talent cultivation, and cooperation, thereby jointly creating an even more open and high-quality platform for Sino-Italian legal collaboration and enriching the cooperative relationship between the two nations.
Professor Antonella Polimeni, the esteemed Principal of the Sapienza University of Rome, delivered a speech on behalf of the entire faculty and students. She recalled the publication of the Italian version of the Chinese Civil Code, spearheaded by Professor Huang Meiling from the Law School of ZUEL. This momentous effort was organized by Professor Oliviero Diliberto, Dean of the Law School at the Sapienza University of Rome, with editing contributions from Professor Domenico Dursey and Professor Antonio Masi. The preface was penned by Professor Xu Diyu. The translated version of the Chinese Civil Code garnered significant attention from illustrious experts and scholars both domestically and abroad. Professor Antonella Polimeni affirmed the deep-rooted commitment to enhancing the collaborative partnership between the two universities and conveyed her heartfelt anticipation for the success of this event.
Professor Yang Canming extended a warm welcome to the distinguished experts and scholars attending the conference on behalf of the ZUEL. He acknowledged the pivotal role that both institutions played in providing abundant intellectual support during the formulation and implementation of the Chinese Civil Code, making significant contributions towards its global recognition. With a desire for further collaboration, he emphasized the shared aspiration to delve deeper into the critical theoretical and practical aspects arising from the Chinese Civil Code’s implementation. The aim is to realize exploration of novel theories, cultivation of fresh perspectives, and generation of innovative outcomes while nurture highly proficient legal professionals with international perspectives and global governance capabilities.
Following the celebration, the international conference titled “Il Codice Civile Cinese: Bilancio E Prospecttive” will be jointly organized by the Sapienza University of Rome and Zhongnan University of Economics and Law. Ten esteemed Roman law and civil law experts from the Sapienza University of Rome, Università degli Studi di ROMA “Tor Vergata”, Chinese Academy of Social Sciences, Tsinghua University, Renmin University of China, China University of Political Science and Law, and Zhongnan University of Economics and Law were cordially invited to engage in profound deliberations centered around the Chinese Civil Code from the perspectives of “comparison and history” and “wholeness and particularity”. Finally, Professor Yao Li concluded the event.
Professor Yao Li, a member of the Standing Committee of the CPC ZUEL Committee and Vice President
The conference commenced with a speech titled “The Silk Road and the Path of Law” by Professor Oliviero Diliberto. In his speech, he highlighted the necessity of Sino-Italian legal exchanges from perspectives such as the choice of the Roman legal system, the high autonomy of the Chinese Civil Code, and the realization of social fairness and justice through the law. He emphasized the value of the Chinese Civil Code.
Professor Chen Baifeng presided over the panel themes as “The Chinese Civil Code from a Comparative and Historical Perspective”.
Professor Wang Liming from Renmin University of China focused on the distinctive features of Chinese Civil Code. He discussed three major innovations in the system design of the code: the independent book of personality rights, the independent book of tort liability, and the general rules of contract book’s function as the general rules of obligation law. These innovations fully embody the Chinese characteristics, practical features, and contemporary aspects of the civil code.
Professor Riccardo Cardilli compared the Chinese Civil Code to the “lung” of the Eastern Roman legal system. He mentioned that Chinese legal terminology, with its independent traditional legal culture, has opened up a new field and drawn on the excellent achievements of Roman legal texts, contributing to the development of the present-day Chinese Civil Code.
Professor Sun Xianzhong from the Chinese Academy of Social Sciences introduced the codification system of the Chinese Civil Code. Based on the socialist system with Chinese characteristics and the national conditions, active exploration and innovation have been made in basic institutions, legal norms, and codification methods, contributing Chinese wisdom to the development of global civil law culture.
Professor Antonio Saccoccio delivered a speech titled “Conservation and Innovation: Real Act in Contract Law in the Chinese Civil Code”.
Professor Cui Jianyuan from Tsinghua University shed light on the legislative system of civil and commercial law unification in China, emphasizing the differences between civil contracts and commercial contracts and highlighting the special nature of the application of law in commercial contracts. He analyzed and distinguished various trends in commercial transactions.
Professor Antonio Masi focused on the concepts of real rights and obligatory rights in the Chinese Civil Code, combining Gaius’ Institutiones with the concept of Actio in Rem and Actio in Personam. His analysis showcased the consistency of legal terminology between the Chinese Civil Code and the classical Roman legal system.
Professor Xia Yinlan from China University of Political Science and Law, adhering to the principle of gender equality in China’s marriage and family legislation, discussed the modifications and supplements made in specific institutions such as joint property, joint debts, compensation for housework in divorce, and compensation for divorce damages in the book of marriage and family under the Chinese Civil Code. This highlights the substantial guarantee of gender equality by the Chinese Civil Code.
Professor Massimiliano Fanci argued that the absence of Indignus in the Chinese Civil Code actually serves as an effective solution serving the overall inheritance system. This shows the ability of Chinese legislators to overcome traditional dogmas and demonstrates the new development of the rule of law in China.
Professor Xu Diyu focused on the book of real rights in the Chinese Civil Code, discussing it from three dimensions: public ownership of land, attachment to identity, and the aging society. This showcased the Chinese characteristics of the book of usufructuary rights under the Chinese Civil Code.
Professor Domenico Dursey discussed the rules regarding changes in real rights, elucidating the historical origins and Chinese characteristics behind the legal system. This highlights the close connection between the Chinese Civil Code and Roman law and the Roman legal school.
Professor Yao Li delivered a brief summary of the conference. She mentioned that the Chinese Civil Code, as a fundamental code with distinct Chinese characteristics, practical features, and contemporary aspects, responds effectively to the needs of the people. The conference not only served as an academic dialogue between two major countries representing the rule of law civilization but also witnessed a deep collaboration between the Sapienza University of Rome and Zhongnan University of Economics and Law. In the end, Professor Yao expressed sincere gratitude to the Sapienza University of Rome, the participating experts and scholars, and extended her sincere blessings to the students attending the lecture.
With the successful conclusion of the international conference, the two universities will continue to conduct a series of academic seminars to celebrate the first anniversary of the Chinese Civil Code.