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CONTINUING LEGAL EDUCATION

STAFF SEMINAR SERIES 2008/2009:

Bolstering The Concept Of Private Ownership In China: The New Chinese Property Code Of 2007

 By

Dr Chen Lei
Post-doctoral Fellow, National University of Singapore

 

 

DATE & TIME : 15 OCTOBER 2008, WEDNESDAY, 2.00PM

VENUE: LEE SHERIDAN CONFERENCE ROOM, EU TONG SEN BUILDING

NUS FACULTY OF LAW (BUKIT TIMAH CAMPUS)


ABSTRACT

The long-awaited Property Code of PRC was finally passed in March 2007. Few statutes have conjured up greater visions of legislative innovation and importance than the enactment of a property code in China since 1990s. From the perspective of structure and legislative technique, the new property code is a big leap forward from the antiquated and obscure provisions of the 1986 General Principles of Civil Law. It offers much needed certainty and clarity in promoting title security in the sphere of private property. Still, the property code was flavoured with Chinese traditional values and political ideology. Legislators accept that state and privately owned property should enjoy equal protection. This policy may not be easy to implement given the issues concerning state ownership in the Chinese political system. From the practitioners’ perspective, lawyers, land registration staff, and civil-law notaries, all with first-hand experience and expertise, for one reason or another were not invited to present their ideas during the drafting process. Finally, a giant step forward in Chinese property law needs more than a property code with a compilation of general principles. The future gap-filling statutes pertaining to specific institutions are deemed indispensible.


ABOUT THE SPEAKER


Dr Chen Lei holds a doctorate and LLM from two mixed jurisdictions, South Africa (Stellenbosch University) and Scotland (Aberdeen University) respectively. Before joining NUS, he had been to Max-Planck Institute for Private International Law and Foreign Private Law, Hamburg and Tübingen University, Germany as a visiting research fellow under the Max-Planck Institut Stipendium. His doctoral thesis is about the enactment of Chinese condominium law based on a comparative study with US and South African statutes.


REGISTRATION

If you wish to attend this seminar, please email to clemail@nus.edu.sg. There is no registration fee for this seminar but seats are limited. Registration commences at 1.45pm. For enquiries, please contact Khai at Tel: 6516 3102. Directions to the law school may be found at http://law.nus.edu.sg/faculty/Location.htm.

 
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