Separation and Abstraction in Property Transfers

Download or read book Separation and Abstraction in Property Transfers written by Zhicheng WU and published by BRILL. This book was released on 2023-05-08 with total page 285 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.