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Chinese Civil Adjudications II: The Constitutive Requirements

Chinese Civil Adjudications II: The Constitutive Requirements

Paperback

General Law

ISBN10: 1032725680
ISBN13: 9781032725680
Publisher: Routledge
Published: Dec 26 2025
Pages: 154
Weight: 0.52
Height: 0.35 Width: 6.14 Depth: 9.21
Language: English

As the second volume of a three-volume set that critically reviews typical civil cases in China, this book focuses on the importance of constitutive requirements of legal rules.

A legal rule consists of constitutive requirements and legal effects. The constitutive requirements should trigger specific legal effects and not lead to unintended consequences. If they do not, the application of a legal rule may not produce the desired result. Any change in the constitutive requirements should result in a corresponding change in the legal effects. A mismatch between the two can lead to unfairness and injustice. In the nine cases discussed in this volume, these principles were either seriously overlooked or given insufficient attention, with various negative consequences.

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