Good Custom in China
To What Extent Is General Applicable Custom in the Commercial Context Consistent across Chinese Legal Systems?
DOI:
https://doi.org/10.14296/ac.v7i1.5828Abstract
This article undertakes a comparative law analysis of “custom” and “good custom” in the Chinese legal systems of the People’s Republic of China (Mainland China) and the Republic of China (Taiwan), and situates them within the wider civil and common law contexts. Through an analysis of the language and jurisprudence of each Chinese legal system, the article explores the challenges of comparing their respective definitions and applications. In scoping the application of custom, this article notably proposes an alternative perspective on Socialist Core Values articulated from the perspective of “good custom”.
Keywords: custom; public order; good custom; Socialist Core Values; customary implied terms.
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