Optimizing a Non-Unified System Regarding Transfer of Rights Pursuant To a Flawed Underlying Basis
Date & Time: August 1, 2024 (Thursday) 17:00 – 18:00
Venue: Room 723, 7/F, Cheng Yu Tung Tower, The University of Hong Kong
Language: English
(In-person only)
Abstract：
The Chinese mainstream view holds that the transfer of a property right pursuant to a flawed underlying basis ought to be causal, whereas the English counterpart is non-unified in the sense that depending on particular vitiating factors, the transfer in question is sometimes causal and sometimes abstract. Considering that ‘patrimonial right’ is the umbrella term of ‘property right’, a system taking a progressive approach ought to establish a coherent starting point applicable to the transfer of all types of patrimonial rights. This talk therefore proposes such a starting point by turning justification into test. Specifically, causality applies only where the transferor has swollen the assets of the transferee, and where the transferor has involuntarily assumed the risk of the transferee’s insolvency, so that by meeting the two tests, the transferor deserves insolvency priority over the transferee’s general body of creditors. Otherwise, abstraction ought to apply.
Speaker：
Zhicheng Wu [吳至誠] is an Associate Professor at School of Law, Renmin University of China. Before joining Renmin Law School, Zhicheng obtained his DPhil, MPhil and MJur at the Faculty of Law, University of Oxford, supervised by Professor William Swadling. His research interests cover property, trusts, restitution, and fiduciary law generally. He published in journals in both English (eg, European Business Organization Law Review, Legal Studies, and Asia Pacific Law Review) and Chinese (eg, 法學研究 [Chinese Journal of Law], 中外法學 [Peking University Law Journal], and 華東政法大學學報 [ECUPL Journal]). He also published a monograph entitled Separation and Abstraction in Property Transfers: A Comparative Study of English and Chinese Law (Brill), and co-translated the Chinese Civil Code.
Chair:
Hui Jing is an Assistant Professor of Law at The University of Hong Kong.
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