Civil Obligations in Chinese Civil Code: A Reflection of Confucianism?
Year: 2025
Type: article
Abstract: This study delves into the influence of Confucian values on Obligation law within the Chinese Civil Code (CCC), particularly in Books 3 and 7. It examines the causes of Obligation Law, encompassing contractual, quasi-contractual transactions, and tortious liabilities, while also emphasizing the underlying Confucian values that promote social harmony in China. Thus, the paper contends that Confucian values have significantly shaped the substance of Obligation law, as evident in the CCC, impacting social, political, and ethical imperatives in the development of Chinese private law. It, however, argues that the influence of Confucianism on Obligation law reflects the emphasis on social harmony and the necessity to balance individual rights with social responsibilities in Chinese society. The study's significance lies in providing a succinct understanding of Confucianism's role in shaping China's legal system, highlighting the importance of balancing individual rights with social responsibilities within Chinese private law development, and offering valuable insights into the interplay between Confucian values and the development of Obligation law in the CCC.
Source: Liverpool Law Review
Author: Okwudili Onyenwee Onwurah
Institution: City University of Hong Kong
Language: English
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: hybrid
Estimated APC paid: $3,090
Funder: City University of Hong Kong
OpenAlex ID: W4408975608