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Chinese Real Estate Law and the Law and Development Theory: Comparing Law and Practice

Florida State Journal of Transnational Law & Policy, Vol. 25, p. 1 (2016)

University of Tennessee Legal Studies Research Paper No. 303

25 Pages Posted: 27 Aug 2016 Last revised: 3 Aug 2017

Gregory M. Stein

University of Tennessee College of Law

Date Written: August 25, 2016

Abstract

China did not adopt a modern Property Rights Law until 2007, which means that most modern real estate development occurred before there was a comprehensive property law to govern it. Moreover, business conventions in China frequently diverge from published laws, and the rules that professionals follow do not always comply with legal requirements. This article addresses how real estate professionals in China contend with these legal inconsistencies and uncertainties. It also asks whether China is disproving the traditional law and development model, which holds that transparent property and contract laws are a prerequisite to robust economic development.

Part II introduces some of the common Western misconceptions about Chinese real estate law and business. Part III presents examples of how three specific Chinese business practices have come to differ in significant ways from Chinese real estate law. Part IV concludes by noting the ways in which China calls into question the widely accepted model of law and development.

Keywords: Chinese Real Estate Law, Law and Development Theory in China

JEL Classification: K11, K12, L74, L85, N65, N95, O18, P21, P26, P31

Suggested Citation

Stein, Gregory M., Chinese Real Estate Law and the Law and Development Theory: Comparing Law and Practice (August 25, 2016). Florida State Journal of Transnational Law & Policy, Vol. 25, p. 1 (2016); University of Tennessee Legal Studies Research Paper No. 303. Available at SSRN: https://ssrn.com/abstract=2830205

Gregory Stein (Contact Author)

University of Tennessee College of Law ( email )

1505 West Cumberland Avenue
Knoxville, TN 37996
United States
865-974-6812 (Phone)

HOME PAGE: http://law.utk.edu/people/gregory-stein/

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