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Author: John Michael Milo
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 132
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Book Description
Author: John Michael Milo
Publisher:
ISBN:
Category : Comparative law
Languages : en
Pages : 132
Get Book Here
Book Description
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: E. Örücü
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 352
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Book Description
This book aims to provide original views on and insight into mixed legal systems in general, and some mixed legal systems and ongoing mixes in particular. The hope is that the analyses to be found in the eleven contributions will be helpful for all who have a general interest in comparative law and a special interest in mixed legal systems.
Author: Lionel Smith
Publisher: Cambridge University Press
ISBN: 1107378699
Category : Law
Languages : en
Pages : 293
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Book Description
Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.
Author: Masayuki Tamaruya
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The law of trust is like a drop of oil that floats on the surface of water. This remark by Professor Shinomiya, the author of a definitive treatise on Japanese trust law, is a reminder that the law of trust has yet to locate its proper place within the structure of Japanese private law. In Japan, the Civil Code forms the basis of private law, and a separate statute provides for the law of trusts. The Civil Code was drafted in the 1890s under the heavy influence of French and German jurisprudence. The Trust Law, originally enacted in 1922 and now superseded by new legislation in 2006, follows the Common Law tradition. The law of trusts in Japan is thus an obvious example of the mixing of the Civil Law tradition and the Common Law tradition. Nevertheless, Japanese scholars have made only a limited attempt to learn from the mixed legal system, while huge research efforts have been devoted on trust law and jurisprudence in England, the USA, and other Common Law jurisdictions. What can Japanese lawyers learn from the experience in the mixed legal system, and particularly in South Africa? More generally, what does the perspective of the mixed legal system have to offer for comparative studies? This paper is an attempt to address these questions in the context of trust law.
Author: Maurizio Lupoi
Publisher: Cambridge University Press
ISBN: 9780521623292
Category : Business & Economics
Languages : en
Pages : 444
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Book Description
Comparative study covering three models of trust : the English, the international and the civilian. More than forty countries are examined and a unified theory of trusts is submitted. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law.
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: D. W. M. Waters
Publisher:
ISBN:
Category : Trusts and trustees
Languages : en
Pages : 32
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Book Description
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: 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.
