Convergence (or Divergence) in Private Law: Review Essay on Private Law in China and Taiwan: Legal and Economic Analyses

Hong Kong Law Journal, Vol. 48, Part 3, pp. 1215-1227, 2018

14 Pages Posted: 9 May 2019 Last revised: 25 Jul 2019

See all articles by Chang-hsien Tsai

Chang-hsien Tsai

National Tsing Hua University - Institute of Law for Science & Technology, College of Technology Management

Date Written: December 6, 2018

Abstract

Edited by Yun-chien Chang, Wei Shen and Wen-yeu Wang, the book Private Law in China and Taiwan: Legal and Economic Analyses is set to be a leading comprehensive and authoritative law book that provides an economic and comparative framework for analysing private law in China and Taiwan. This book is divided into two parts (“Foundation” and “Application”) and, in addition to the synthesis and implications provided in the Introduction and Conclusion, contains 10 chapters that comprehensively cover the field, from theory to practice, from contract law to tort law to property law to corporate law and from China to Taiwan. In addition to an overview of each chapter, I will highlight the convergence (or divergence) debate in private law which this book illuminates; meanwhile, I will also expand the economic and comparative framework of legal transplantation this book establishes from its focus on “public” transplants to the new trend of “private” transplantation.

Keywords: convergence, divergence, private law, comparative law, the public-private taxonomy of legal transplantation, public transplant, private transplant

JEL Classification: K22, G38, H73, L51, O57, P5

Suggested Citation

Tsai, Chang-hsien, Convergence (or Divergence) in Private Law: Review Essay on Private Law in China and Taiwan: Legal and Economic Analyses (December 6, 2018). Hong Kong Law Journal, Vol. 48, Part 3, pp. 1215-1227, 2018, Available at SSRN: https://ssrn.com/abstract=3368731

Chang-hsien Tsai (Contact Author)

National Tsing Hua University - Institute of Law for Science & Technology, College of Technology Management ( email )

101, Sec. 2, Kuang-Fu Road
HsinChu, 30013
Taiwan

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