The Curious Concept of Employment Salvage in Chinese Law The Case of Archangelos Gabriel
(2022) p.7-15- Abstract
This work is primarily a legal commentary on the final appeal judgment of the Supreme People’s Court of China on the Archangelos Gabriel case. In the opinion of the author, the judgment is sound and reasonable and brings to light a measure of judicial activism into the arena of salvage litigation in China. Basically, the apex Court held that the case did not fall within the purview of salvage in the Chinese Maritime Code but rather involved an employment contract for salvage which fell under the Contract Law. The work also ventures to elaborate on the generic and holistic notion of “law” as distinguished from “Law” in particular reference to the Chinese context and points to “Interpretations” of statutory provisions given by the Supreme... (More)
This work is primarily a legal commentary on the final appeal judgment of the Supreme People’s Court of China on the Archangelos Gabriel case. In the opinion of the author, the judgment is sound and reasonable and brings to light a measure of judicial activism into the arena of salvage litigation in China. Basically, the apex Court held that the case did not fall within the purview of salvage in the Chinese Maritime Code but rather involved an employment contract for salvage which fell under the Contract Law. The work also ventures to elaborate on the generic and holistic notion of “law” as distinguished from “Law” in particular reference to the Chinese context and points to “Interpretations” of statutory provisions given by the Supreme People’s Court and “Guiding Cases” issued by the apex Court as commendable proactive advancements set forth by the judiciary at the highest level.
(Less)
- author
- Mukherjee, Proshanto K. LU
- organization
- publishing date
- 2022
- type
- Chapter in Book/Report/Conference proceeding
- publication status
- published
- subject
- host publication
- Commercial and Maritime Law in China and Europe
- pages
- 9 pages
- publisher
- Taylor & Francis
- external identifiers
-
- scopus:85153665608
- ISBN
- 9780367749279
- 9781000802498
- DOI
- 10.4324/9781003160298-3
- language
- English
- LU publication?
- yes
- id
- be1b377a-3352-4055-ab4b-dbe5f6cd2192
- date added to LUP
- 2023-08-15 09:52:47
- date last changed
- 2024-04-05 22:11:30
@inbook{be1b377a-3352-4055-ab4b-dbe5f6cd2192,
abstract = {{<p>This work is primarily a legal commentary on the final appeal judgment of the Supreme People’s Court of China on the Archangelos Gabriel case. In the opinion of the author, the judgment is sound and reasonable and brings to light a measure of judicial activism into the arena of salvage litigation in China. Basically, the apex Court held that the case did not fall within the purview of salvage in the Chinese Maritime Code but rather involved an employment contract for salvage which fell under the Contract Law. The work also ventures to elaborate on the generic and holistic notion of “law” as distinguished from “Law” in particular reference to the Chinese context and points to “Interpretations” of statutory provisions given by the Supreme People’s Court and “Guiding Cases” issued by the apex Court as commendable proactive advancements set forth by the judiciary at the highest level.</p>}},
author = {{Mukherjee, Proshanto K.}},
booktitle = {{Commercial and Maritime Law in China and Europe}},
isbn = {{9780367749279}},
language = {{eng}},
pages = {{7--15}},
publisher = {{Taylor & Francis}},
title = {{The Curious Concept of Employment Salvage in Chinese Law The Case of Archangelos Gabriel}},
url = {{http://dx.doi.org/10.4324/9781003160298-3}},
doi = {{10.4324/9781003160298-3}},
year = {{2022}},
}