Separation and Abstraction in Property Transfers : A Comparative Study of English and Chinese Law /
WU, Zhicheng,
Separation and Abstraction in Property Transfers : A Comparative Study of English and Chinese Law / A Comparative Study of English and Chinese Law Zhicheng WU. - 1 online resource (288 pages) : illustrations. - Chinese and Comparative Law Series ; 11 International Law E-Books Online, Collection 2023 . - Chinese and Comparative Law Series ; 11. International Law E-Books Online, Collection 2023. .
Includes bibliographical references and index.
Copyright page / Zhicheng Wu -- Preface / Zhicheng Wu -- Abbreviations / Zhicheng Wu -- Table of Cases / Zhicheng Wu -- Table of Legislation, Instruments and Quasi-Legislation / Zhicheng Wu -- Introduction / Zhicheng Wu -- Chapter 1 Setting the Scene / Zhicheng Wu -- Chapter 2 Separation in ‘Intent Plus’ Transfers / Zhicheng Wu -- Chapter 3 Separation in ‘Intent Alone’ Transfers: Sale of Goods / Zhicheng Wu -- Chapter 4 Abstraction in Transfers Involving Impaired Consent / Zhicheng Wu -- Chapter 5 Abstraction in Transfers Involving Other Vitiating Factors / Zhicheng Wu -- Chapter 6 Effective Causality in Trusts / Zhicheng Wu -- Chapter 7 Constructive Trusts for Chinese Law? / Zhicheng Wu -- Chapter 8 Justification Debate of Causality versus Abstraction / Zhicheng Wu -- Conclusion / Zhicheng Wu -- Bibliography / Zhicheng Wu -- Index / Zhicheng Wu.
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
English
9789004547933
10.1163/9789004547933 DOI
Conflict of laws--Property--England.
Transfer (Law)--China.
Transfer (Law)--England.
KD871
346.420436
Separation and Abstraction in Property Transfers : A Comparative Study of English and Chinese Law / A Comparative Study of English and Chinese Law Zhicheng WU. - 1 online resource (288 pages) : illustrations. - Chinese and Comparative Law Series ; 11 International Law E-Books Online, Collection 2023 . - Chinese and Comparative Law Series ; 11. International Law E-Books Online, Collection 2023. .
Includes bibliographical references and index.
Copyright page / Zhicheng Wu -- Preface / Zhicheng Wu -- Abbreviations / Zhicheng Wu -- Table of Cases / Zhicheng Wu -- Table of Legislation, Instruments and Quasi-Legislation / Zhicheng Wu -- Introduction / Zhicheng Wu -- Chapter 1 Setting the Scene / Zhicheng Wu -- Chapter 2 Separation in ‘Intent Plus’ Transfers / Zhicheng Wu -- Chapter 3 Separation in ‘Intent Alone’ Transfers: Sale of Goods / Zhicheng Wu -- Chapter 4 Abstraction in Transfers Involving Impaired Consent / Zhicheng Wu -- Chapter 5 Abstraction in Transfers Involving Other Vitiating Factors / Zhicheng Wu -- Chapter 6 Effective Causality in Trusts / Zhicheng Wu -- Chapter 7 Constructive Trusts for Chinese Law? / Zhicheng Wu -- Chapter 8 Justification Debate of Causality versus Abstraction / Zhicheng Wu -- Conclusion / Zhicheng Wu -- Bibliography / Zhicheng Wu -- Index / Zhicheng Wu.
This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.
English
9789004547933
10.1163/9789004547933 DOI
Conflict of laws--Property--England.
Transfer (Law)--China.
Transfer (Law)--England.
KD871
346.420436