At the invitation of the College, Professor Angelo Luminoso from the Law School of University of Cagliari delivered a lecture on the Property Circulation Rules and Translative Techniques: European Models and Chinese Civil Code Compared to the students on Haidian Campus on the evening of 23 Sept, 2024.
The lecture was held online and on-site. Prof. Fei Anling from the College moderated the lecture. Associate Dean of the School of Juris Master of the University Prof. Liu Zhihui, Prof. Liu Wenjie and A/Prof. Chi Ying from the College were the commentators.
Luminoso made an in-depth analysis of the rule of change of rights in European civil law countries and compared it with the relevant rules in China's civil code. He analysed in detail the different modes of transfer of property rights in the European legal system, including the Prussian Civil Code, the Napoleonic Code and the German Civil Code, and the challenge of the unification of legal norms at EU level was also discussed. Luminoso also discussed rules for acquiring property from non-owners and the resolution of conflicts between multiple assignees in China's civil code. In addition, he pointed out that the innovation of China's civil code in the model of transfer of property rights lies in the integration of the principle of consent and the principle of freedom of property changes, which formed a simple and safe transfer of property rights mechanism. Luminoso's presentation offered a new perspective for understanding the complexity of changes in real rights in different legal systems.
During the discussion, Liu affirmed the mode of Chinese legal property right change, and emphasised the efforts of Chinese civil legislation in the pursuit of fairness and justice. Liu Wenjie stresses that the rule of real right alteration in China's civil code has a distinct legal transplant color, especially the influence of German law. Chi, from the practical point of view, believed that there is complexity between the theoretical regulation and the practical operation of China's mode of real right change and she personally prefers the German legal model.
This lecture not only provided the participants with an opportunity to understand the rules of real right alteration, but also promoted the exchanges and cooperation in the field of law between China and Italy. Through the in-depth discussion between Luminoso and the guests, the scholars had a more comprehensive understanding of the legal rules and technology of real right alteration, and a deeper understanding of the innovation and development of China's civil code in this field.
