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Author: Lusina Ho
Publisher: Cambridge University Press
ISBN: 110724479X
Category : Law
Languages : en
Pages : 321
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Book Description
The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.
Author: Lusina Ho
Publisher: Cambridge University Press
ISBN: 110724479X
Category : Law
Languages : en
Pages : 321
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Book Description
The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.
Author: Lusina Ho
Publisher:
ISBN: 9781107241428
Category : Trusts and trustees
Languages : en
Pages :
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Book Description
This book analyses and compares Asian trust laws to critically evaluate Asian approaches to the reception of the trust.
Author: Lusina Ho
Publisher:
ISBN:
Category : Trusts and trustees
Languages : en
Pages : 356
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Book Description
Author: Zhen Meng
Publisher: Springer
ISBN: 9811058466
Category : Law
Languages : en
Pages : 178
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Book Description
This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question “Who is the owner of trust property in China?” Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.
Author: Yun-chien Chang
Publisher: Kluwer Law International B.V.
ISBN: 9041194231
Category : Law
Languages : en
Pages : 209
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Taiwan deals with the issues related to rights and interests in all kinds of property and assets’ immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Taiwan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Author: Ying Khai Liew
Publisher: Bloomsbury Publishing
ISBN: 1509934804
Category : Law
Languages : en
Pages : 704
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Book Description
At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.
Author: Tony Honoré
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
In discussing whether and on what lines the law of trusts might be introduced into the law of the people's Republic of China, it will be as well to sketch the constitutional, conceptual and politico-economic background, before turning to the obstacles, technical and political to the reception of trust law in civil law jurisdictions generally and in the PRC in particular.
Author: J. Michael Milo
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This is the introduction to a special issue of the European Review of Private Law on trusts in mixed jurisdictions. It considers to what extent mixed legal systems, such as those of Scotland, South-Africa and Quebec, can offer an attractive model for an international variant of trust. Two recent developments have increased the need to reconcile the Anglo-American trust with principles of civil law. The first is the overall tendency of unifying or harmonizing areas of private law, and especially commercial law, and therefore also trust laws, not only in Europe but also elsewhere. The second is the entry into force of The Hague Convention on the Law Applicable to Trusts and on their Recognition, which makes questions regarding the effect of trusts recognized in a civil jurisdiction imminent.
Author: Kenneth Reid
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
Today it is common to find trusts in civil law jurisdictions, a recent and significant example being the Chinese trust, introduced in 2001. Yet civil law trusts are not the same as their common law counterparts, and the Chinese trust departs in some respects even from the model often found in the civil law. In particular, the Chinese trust allows for the possibility of title to trust assets being held, not by the trustee, but by the settlor. The paper examines this arrangement and concludes that, while it could be made to work and would justify the name of “trust”, the Chinese legislation fails to provide sufficient restraints on the power of the settlor. The paper then turns to consider the immunity of trust funds from the private creditors of the trustee. How can this immunity be explained? A traditional analysis is that, as the beneficiaries apparently “prevail” over the private creditors, so the explanation must be found in the nature of the beneficiaries' rights, which are said to be real or quasi-real. But this overlooks the position of trust creditors. They too “prevail” over private creditors or, to state the position more accurately for civil law trusts, they have a direct right of recourse against trust assets. Any explanation of immunity must thus account for trust creditors as well as for beneficiaries, and there can be no doubt that the claims of the former are (usually) personal and not real. The solution is to be found in the idea of dual patrimony. In a civil law trust there is segregation not only of assets but of liabilities as well. A trustee has both a private and a trust patrimony. Private creditors may claim only from the former, trust creditors (including beneficiaries) only from the latter. Trust funds are thus immune from private creditors because they are held in a patrimony in respect of which the creditors have no rights.
Author: Paolo Panico
Publisher: Oxford University Press, USA
ISBN:
Category : Language Arts & Disciplines
Languages : en
Pages : 672
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Book Description
International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law. It analyzes topics including protectors, shams, beneficiaries' right to information and protection from heirs and creditors, examining their development under English law and across a wide range of jurisdictions.
