Separation and abstraction in property transfers : : a comparative study of English and Chinese law / / 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...
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| Superior document: | Chinese and comparative law series ; volume 11 |
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| VerfasserIn: | |
| Place / Publishing House: | Leiden : : Brill Nijhoff,, 2023. |
| Year of Publication: | 2023 |
| Edition: | 1st ed. |
| Language: | English |
| Series: | Chinese and comparative law series ;
11. |
| Physical Description: | 1 online resource (285 pages) |
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| Other title: | Copyright page / |
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| Summary: | 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. |
| Bibliography: | Includes bibliographical references and index. |
| ISBN: | 9004547932 9789004547933 9789004547926 9004547924 |
| Hierarchical level: | Monograph |
| Statement of Responsibility: | Zhicheng Wu. |