213

_____________________

 settembre-dicembre 2006

GABRIELE CRESPI REGHIZZI

Evoluzioni del nuovo diritto commerciale cinese

Summary - This essay examines the processes of transformation and the progressive formalization of Chinese law, particularly civil and commercial law, which have taken place since the beginning of the reform-and-opening process in 1978. The article emphasizes the large-scale rehabilitation and strengthening of laws and procedures as necessary tools in view of the modernization and economic development of the country. Westernization and internationalization of legal norms, particularly in the field of international trade,  the central role undertaken by private law, formal litigation, arbitration and third party decision  are significant features of this process. The central part of the study focuses on four institutions, considered to be highly indicative of the abovementioned directions and transformations (market economy, private law): a) property, b) contracts, c)special legal vehicles of foreign investments (FIE),  d)bankruptcy.Lastly, the study underlines the importance for future (market and western-oriented) developments of the Chinese legal system at large, and not only in the field of international trade, of the entrance of the PRC in the World Trade Organization.