Le dimensioni dell’equità. Dall’analisi terminologica del gōngpíng yuánzé alla emersione delle sue peculiarità nel quadro del sistema giuridico romanistico.

This paper deals with the principle of fairness, Art. 6 of the Civil Code of the People’s Republic of China, published on 28 May 2020 and in force since 1 January 2021. The aim of the paper is to investigate its meaning, develop its legal reasoning, define [describe, illustrate] its role within the legal system, and reconstruct its function and use by the legislative powers and the Supreme People’s Court. In order to conduct an analysis that is as easy to follow as possible the mentality despite the complex context of normative and doctrinal references, this paper is structured according to a logical-chronological method aimed at investigating the following: the terms 原则 yuánzé, principle, and 公平 gōngpíng, fairness; the use over the years of the principle of fairness in legislative texts in the People's Republic of China; the role, function, and use of the principle of fairness according to Chinese doctrine; the role of the Supreme People's Court's in the principle of fairness. Finally, I investigate how the principle of fairness is applied in the context of the passage of contractual risk in the Chinese Civil Code. As with all my previous writings, for the most part, I consulted documents, articles, handbooks, commentaries, and monographs in Chinese, with the aim of drawing directly from the sources, without linguistic mediation of any kind, to decode and understand as authentically as possible, the mentality, inclination, and will of the legislator and of the doctrine.