Why Civil Law Countries Might Forego the Individual Trustee PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Why Civil Law Countries Might Forego the Individual Trustee PDF full book. Access full book title Why Civil Law Countries Might Forego the Individual Trustee by Iris Goodwin. Download full books in PDF and EPUB format.
Author: Iris Goodwin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
At the center of this article lies a decision in several civil law countries that have adopted the common law trust to restrict the office of trustee to banks and similar financial service institutions. Having had an opportunity to consider the trust anew, these countries represent a challenge to the common law where the individual - indeed the untutored individual - can still qualify as trustee (and serve in this capacity alone). This permissive common law regime obtains notwithstanding the size of the trust endowment or the number of beneficiaries whose interests might be at stake. Indeed, in some common law countries individuals can qualify as trustee not only of a personal trust (for transmission of family wealth), but also of a pension trust holding assets under a retirement plan sponsored by a large employer, or even of an indenture for holders of significant corporate debt. While it may be a rare individual who would be nominated to serve in these latter situations, nothing in the law directly precludes an individual from qualifying as sole trustee of even these trusts.
Author: Iris Goodwin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
Get Book Here
Book Description
At the center of this article lies a decision in several civil law countries that have adopted the common law trust to restrict the office of trustee to banks and similar financial service institutions. Having had an opportunity to consider the trust anew, these countries represent a challenge to the common law where the individual - indeed the untutored individual - can still qualify as trustee (and serve in this capacity alone). This permissive common law regime obtains notwithstanding the size of the trust endowment or the number of beneficiaries whose interests might be at stake. Indeed, in some common law countries individuals can qualify as trustee not only of a personal trust (for transmission of family wealth), but also of a pension trust holding assets under a retirement plan sponsored by a large employer, or even of an indenture for holders of significant corporate debt. While it may be a rare individual who would be nominated to serve in these latter situations, nothing in the law directly precludes an individual from qualifying as sole trustee of even these trusts.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Lionel Smith
Publisher: Cambridge University Press
ISBN: 1107276683
Category : Law
Languages : en
Pages : 585
Get Book Here
Book Description
Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
Author: Kelly Stephen Searl
Publisher:
ISBN:
Category : Court rules
Languages : en
Pages : 520
Get Book Here
Book Description
Author:
Publisher:
ISBN:
Category : Bankruptcy examiners
Languages : en
Pages : 240
Get Book Here
Book Description
Author: Emile van der Does de Willebois
Publisher: World Bank Publications
ISBN: 0821388967
Category : Law
Languages : en
Pages : 230
Get Book Here
Book Description
This report examines the use of these entities in nearly all cases of corruption. It builds upon case law, interviews with investigators, corporate registries and financial institutions and a 'mystery shopping' exercise to provide evidence of this criminal practice.
Author: Ugo Mattei
Publisher: Edward Elgar Publishing
ISBN: 1786435187
Category : Law
Languages : en
Pages : 262
Get Book Here
Book Description
Can private law assume an ecological meaning? Can property and contract defend nature? Is tort law an adequate tool for paying environmental damages to future generations? This book explores potential resolutions to these questions, analyzing the evolution of legal thinking in relation to the topics of legal personality, property, contract and tort. In this forward thinking book, Mattei and Quarta suggest a list of basic principles upon which a new, ecological legal system could be based. Taking private law to represent an ally in the defence of our future, they offer a clear characterization of the fundamental legal institutions of common law and civil law, considering the challenges of the Anthropogenic era, technological tools of the Internet era, and the global rise of the commons. Summarizing the fundamental institutions of private law: property rights, legal personality, contract, and tort, the authors reveal the limits of these legal institutions in relation to historical international evolution and their regulation in the contexts of catastrophic ecological issues and technological developments. Engaging and thoughtful, this book will be interesting reading for legal scholars and academics of private law and, in particular, those wishing to understand the role of law when facing technological and ecological challenges.
Author: United States. Department of Justice. Privacy and Civil Liberties Office
Publisher:
ISBN:
Category : Government publications
Languages : en
Pages : 276
Get Book Here
Book Description
The "Overview of the Privacy Act of 1974," prepared by the Department of Justice's Office of Privacy and Civil Liberties (OPCL), is a discussion of the Privacy Act's disclosure prohibition, its access and amendment provisions, and its agency recordkeeping requirements. Tracking the provisions of the Act itself, the Overview provides reference to, and legal analysis of, court decisions interpreting the Act's provisions.
Author: American Bar Association
Publisher: American Bar Association
ISBN: 9781590318393
Category : Law
Languages : en
Pages : 212
Get Book Here
Book Description
Author: Richard C. Nolan
Publisher: Cambridge University Press
ISBN: 1107170494
Category : Business & Economics
Languages : en
Pages : 609
Get Book Here
Book Description
New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
