A conversation with Rui Cai, Konrad Zweigert Scholar
While studying law at Tsinghua University, Rui Cai conducted legal research at Heidelberg University from 2018 to 2019. He then completed his doctorate with a thesis on the doctrine of unconscionability. Since 2020 he has been Assistant Professor at the Chinese Academy of Social Sciences. From July to September, he was a visiting scholar at the Institute.
What made you choose our Institute for conducting your research?
I have been familiar with the Max Planck Institute for Comparative and International Private Law for many years. When I started studying comparative law as a student, I read “An Introduction to Comparative Law” by Hein Kötz and Konrad Zweigert with great interest. In July 2023, I had the opportunity to visit the Institute for the first time when I gave a lecture on the development of the doctrine of unconscionability in the Chinese Civil Code at the conference “The Implementation of the Chinese Civil Code through Judicial Interpretations of the Supreme People's Court”.
Which research topic brought you to Hamburg?
This year, I came back to do research on German contract law. More specifically, I am looking at the grounds allowing the termination of a contract. The key question here is under what conditions the defaulting party can withdraw from a contract. Different jurisdictions have different rules on this matter. For example, the German Civil Code is more restrictive with regard to the termination of contracts, while the requirements in US law are more lenient. In the process of codifying the new Chinese Civil Code, this problem was an important issue. The Chinese Civil Code, which came into force in 2021, contains a provision on the topic that has sparked much debate, both in China’s academia and in legal practice. German civil law doctrine has had a formative influence on Chinese legal development for a long time. It is therefore interesting to examine today’s German civil law in comparison. Also, I want to include economic and cultural factors in my research.
How would you describe the Institute to someone who has never been here?
The Institute is an important research centre for private law and private international law which enjoys a worldwide reputation. It has a world-class library that offers very pleasant working conditions, and its staff are very friendly and do their jobs extremely efficiently. Visiting scholars have many opportunities to meet colleagues from all over the world, which makes the Institute a great place to conduct academic research.
Image: © Max Planck Institute for Comparative and International Private Law / Johanna Detering
