Separation and Abstraction in Property Transfers: A Comparative Study of English and Chinese Law: 11 (Chinese and Comparative Law)

Wu, Zhicheng Zhicheng Wu,

ISBN 10: 9004547924 / ISBN 13: 9789004547926

Published by Brill Nijhoff, 2023

Separation and Abstraction in Property Transfers: A Comparative Study of English and Chinese Law: 11 (Chinese and Comparative Law) This book is in very good condition and will be shipped within 24 hours of ordering. The cover may have some limited signs of wear but the pages are clean, intact and the spine remains undamaged. This book has clearly been well maintained and looked after thus far. Money back guarantee if you are not satisfied. See all our books here, order more than 1 book and get discounted shipping. . Seller Inventory # 7719-9789004547926

Synopsis:

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.

About the Author: Zhicheng Wu, D.Phil. in Law (2018), University of Oxford, is Assistant Professor at School of Law, Renmin University of China. He has published journals articles in both English and Chinese on property, trusts, restitution, and corporate finance.

Bibliographic Details

Title: Separation and Abstraction in Property ...
Publisher: Brill Nijhoff
Publication Date: 2023
Binding: hardcover
Condition: Very Good