Author: A. H. Oosterhoff
Publisher:
ISBN: 9780459551193
Category : Trusts and trustees
Languages : en
Pages : 941

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Book Description

Author: Yaëll Emerich
Publisher: Edward Elgar Publishing
ISBN: 1788111842
Category : Law
Languages : en
Pages : 338

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Book Description
Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.

Author: Lionel Smith
Publisher: Cambridge University Press
ISBN: 1107032431
Category : Law
Languages : en
Pages : 585

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Book Description
This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.

Author: Jan Jakob Bornheim
Publisher: Mohr Siebeck
ISBN: 3161591682
Category : Law
Languages : en
Pages : 592

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Book Description
"Using the Canadian experience as a model, Jan Jakob Bornheim shows that the efficient interaction of common law and civil law can take place on both vertical and horizontal planes."--

Author: Robert Spenceley
Publisher: CCH Canadian Limited
ISBN: 9781554960637
Category : Estate planning
Languages : en
Pages : 524

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Author: Brian Sloan
Publisher: Bloomsbury Publishing
ISBN: 1782250468
Category : Law
Languages : en
Pages : 290

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Book Description
Every day, large numbers of altruistic individuals, in the absence of any legal duty, provide substantial and essential services for elderly and disabled people. In doing so, many such informal carers suffer financial and other disadvantages. This book considers the scope for a "private law" approach to rewarding, supporting or compensating carers, an increasingly vital topic in the context of an ageing population and the need for savings in public expenditure. Adopting a comparative approach, the book explores the recognition of the informal carer and his or her relationship with the care recipient within diverse fields of private law, from unjust enrichment to succession. Aspects of the analysis include the importance of a promise of a reward from the care recipient and the appropriate measure of any remedy. In considering the potential for expansion of a "private law" approach for carers, the book addresses the fundamental and controversial question of the price of altruism. Winner of the University of Cambridge's Yorke Prize 2014

Author: Maureen F. Fitzgerald
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 328

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Author: A. H. Oosterhoff
Publisher: Scarborough, Ont. : Carswell
ISBN: 9780459241421
Category : Trusts and trustees
Languages : en
Pages : 1219

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Book Description

Author: Remus Valsan
Publisher: Edinburgh University Press
ISBN: 1474403530
Category : Law
Languages : en
Pages : 253

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Book Description
Focusing on the private law of England, Scotland, France, Quebec and the Netherlands, this volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.

Author: William Swadling
Publisher: Bloomsbury Publishing
ISBN: 1847316891
Category : Law
Languages : en
Pages : 146

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Book Description
The so-called Quistclose trust probably represents the single most important application of equitable principles in commercial life. (Lord Millett in the foreword to this book). The decision of the House of Lords in Twinsectra v Yardley has refocused attention on the Quistclose trust. Although accepted by insolvency lawyers as a convenient tool for corporate rescue, the precise basis of the trust has always been in doubt. The purpose of these essays is to explore the foundations of the trust and subject them to a searching analysis. Contributors: Robert Stevens (Oxford), 'Rolls Razor Ltd'; William Swadling (Oxford), 'Orthodoxy'; James Penner (LSE), 'Lord Millett's Analysis'; Lionel Smith (McGill), 'Understanding the Power'; Robert Chambers (Alberta),'Restrictions on the Use of Money'; Peter Birks (Oxford),'Retrieving Tied Money'; Ewan McKendrick (Oxford), 'Commerce'; Robert Stevens (Oxford), 'Insolvency'; George Gretton (Edinburgh),'Scotland'.