TY  - BOOK
AU  - WU,Zhicheng
TI  - Separation and Abstraction in Property Transfers: A Comparative Study of English and Chinese Law 
T2  - Chinese and Comparative Law Series
SN  - 9789004547933
AV  - KD871 
U1  - 346.420436 23
PY  - 2023///
CY  - Leiden, Boston
PB  - Brill | Nijhoff
KW  - Conflict of laws
KW  - Property
KW  - England
KW  - Transfer (Law)
KW  - China
N1  - 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
N2  - 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
UR  - http://dx.doi.org/10.1163/9789004547933
ER  -