IMAGINING THE LAW: COMMON LAW AND THE FOUNDATIONS OF THE AMERICAN LEGAL SYSTEM

Now Doniger paced, using Kramer as an audience of one, "We are all ruled by the past, although no on understands it. No one recognizes the power of the past" he said, with a sweep of his hand.
"But if you think about it, the past has always been more important than the present. The present is like a coral island that sticks above the water, but is built upon millions of dead corals under the surface, that no one sees. In the same way, our everyday world is built upon millions and millions of events and decisions that occurred in the past. And what we add in the present is trivial.     

A COMPARATIVE STUDY OF THE CHINESE LAW OF CONSTRUCTIVE DELIVERY FROM AN ENGLISH COMMON LAW PERSPECTIVE

All three forms of constructive delivery, namely, traditio brevi manu, traditio longa manu, and constitutum possessorium exist in both Chinese law and English law with notable differences in each form. As regards traditio brevi manu, the current unique requirement of the transferee’s prior possession being “legal” under Chinese law cannot be found in or deduced from its English counterpart. As regards traditio longa manu, the major difference between the two jurisdictions is that the third-party possessor’s attornment is necessary condition for a valid traditio longa manu in English law whereas it is not in Chinese law. As regards constitutum possessorium, while English law accepts a wider scope of scenarios than Chinese law, passing of property in English law by way of constitutum possessorium is only effective between the parties themselves but not viz a viz third parties whereas it is effective in both respects in Chinese law. Compared to a mess in English law regarding the issue of symbolic delivery, the simple, clear and negative attitude towards symbolic delivery in Chinese law is to be applauded, and is to be regarded as a Chinese voice that should be insisted on and be brought into the upcoming Book of Property of the Chinese Civil Code.