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Full referenceStephens, Thomas B., “The Shanghai Mixed Court and the Ming Sung Umbrella Case, 1926” (1987)
TypeJournal article
Author(s)Stephens, Thomas B.
Title“The Shanghai Mixed Court and the Ming Sung Umbrella Case, 1926”
Year1987
JournalAustralian Journal of Politics and History (Australia)
Volume33
Number2
Start page77
End page89
LanguageEnglish
SubjectHistory
Keywordspolitical; foreigners
AbstractThis Ming Sung Umbrella case heard in Shanghai in 1926 by the Mixed Court, which adjudicated disputes between Chinese and Europeans, involved a clash between Western and Chinese concepts of the liability of partners in an insolvent firm. The Chinese magistrate upheld traditional Chinese custom while the European assessor upheld Western legal principles. With the court divided, creditors failed in their effort to recover from the solvent partners. The case reflected the will of Chinese merchant groups to reassert their authority over the resolution of commercial disputes and underscores the need for scholars to study disciplinary systems which even today function outside the framework of Western concepts of jurisprudence.
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