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The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.
A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Insolvency law reform has become a subject of public urgency in many countries in the past two decades and particularly in much of Asia over the last ten years. This volume provides an overview of insolvency laws and related rules and procedures in the countries of East Asia. The book comprises two introductory chapters dealing with issues such as legal culture and cross-border insolvency, before examining the fourteen principal jurisdictions in the region. Each chapter addresses the key themes of different insolvency regimes, such as: the legal system and culture; personal insolvency laws; corporate insolvency rules; court-based schemes of arrangement; winding-up procedures; liquidators; enforcement; and offences. This title will be an invaluable guide to academics, practitioners and policy makers working in the areas of comparative and commercial law.
Until now our understanding of marriage in China has been based primarily on observations made during the twentieth century. The research of ten eminent scholars presented here provides a new vision of marriage in Chinese history, exploring the complex interplay between marriage and the social, political, economic, and gender inequalities that have so characterized Chinese society.
This book, originally published in 2002, argues that the Mongol invasion of the thirteenth century precipitated a transformation of marriage and property law in China that deprived women of their property rights and reduced their legal and economic autonomy. It describes how after a period during which women's property rights were steadily improving, and laws and practices affecting marriage and property were moving away from Confucian ideals, the Mongol occupation created a new constellation of property and gender relations that persisted to the end of the imperial era. It shows how the Mongol-Yüan rule in China ironically created the conditions for radical changes in the law, which for the first time brought it into line with the goals of Learning the Way Confucians and which curtailed women's financial and personal autonomy. The book evaluates the Mongol invasion and its influence on Chinese law and society.