Research Commons
      • Browse 
        • Communities & Collections
        • Titles
        • Authors
        • By Issue Date
        • Subjects
        • Types
        • Series
      • Help 
        • About
        • Collection Policy
        • OA Mandate Guidelines
        • Guidelines FAQ
        • Contact Us
      • My Account 
        • Sign In
        • Register
      View Item 
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      •   Research Commons
      • University of Waikato Research
      • Law
      • Law Papers
      • View Item
      JavaScript is disabled for your browser. Some features of this site may not work without it.

      Decoding the puzzle: Chinese culture, familial transfers, and disputes in Western courts

      Liao, Zhixiong (Leo)
      Thumbnail
      Files
      Decoding - published version ebac026.pdf
      Published version, 317.5Kb
      DOI
       10.1093/lawfam/ebac026
      Link
       academic.oup.com
       academic.oup.com
      Find in your library  
      Permanent link to Research Commons version
      https://hdl.handle.net/10289/15480
      Abstract
      More and more Chinese live in Western countries nowadays and many disputes over transfers between Chinese family members are brought to Western courts. Generally, little documentary evidence on such transactions is available and the oral evidence is commonly divergent as to what was agreed and what happened. Western judges are faced with the puzzle whether the transfer was a gift, a loan, or an equity investment. This article elaborates on the relevant Chinese cultural dimensions and the recent developments. It discusses the cultural relevance in determining the nature of such transfers and investigates whether clearly established Chinese cultural norms could be admissible evidence aiding the interpretation, or even implied terms, of the transaction. It argues that Chinese culture should be seriously considered in assessing the credibility of Chinese witnesses. This article critiques the prevailing common law presumptions, and proposes an analytical model aiming to assist Western judges and lawyers to assess the cultural influence properly for better answers to the puzzles.
      Date
      2022
      Type
      Journal Article
      Publisher
      Oxford University Press (OUP)
      Rights
      © 2022. This work is licensed under a CC BY 4.0 license.
      Collections
      • Law Papers [303]
      Show full item record  

      Usage

      Downloads, last 12 months
      10
       
       
       

      Usage Statistics

      For this itemFor all of Research Commons

      The University of Waikato - Te Whare Wānanga o WaikatoFeedback and RequestsCopyright and Legal Statement