The Institution of the Trust in Civil and Common Law PDF Download
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Author: Donovan W. M. Waters
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 453
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Book Description
Author: Donovan W. M. Waters
Publisher:
ISBN:
Category : Civil law
Languages : en
Pages : 453
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: Lionel Smith
Publisher: Cambridge University Press
ISBN: 1107011329
Category : Law
Languages : en
Pages : 293
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Book Description
This collection of essays by experts in the field explores the place of the trust in the modern civil law.
Author: D. W. M. Waters
Publisher:
ISBN:
Category : Trusts and trustees
Languages : en
Pages : 32
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Book Description
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: 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:
Category : Trusts and trustees
Languages : en
Pages : 356
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Author: Christian De Wulf
Publisher:
ISBN:
Category : Fideicommissum
Languages : en
Pages : 214
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Summary in French and Flemish.
Author: Iris Goodwin
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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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: Marko Novakovic
Publisher: Vernon Press
ISBN: 1622738071
Category : Law
Languages : en
Pages : 502
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Book Description
Authors from 13 countries come together in this edited volume, Common Law and Civil Law Today: Convergence and Divergence, to present different aspects of the relationship and intersections between common and civil law. Approaching the relationship between common and civil law from different perspectives and from different fields of law, this book offers an intriguing insight into the similarities, differences and connections between these two major legal traditions. This volume is divided into 3 parts and consists of 22 articles. The first part discusses the common law/civil law dichotomy in the international legal systems and theory. The second focuses on case-law and arbitration, while the third part analyses elements of common and civil law in various legal systems. By offering such a variety of approaches and voices, this book allows the reader to gain an invaluable insight into the historical, comparative and theoretical contexts of this legal dichotomy. From its carefully selected authors to its comprehensive collection of articles, this edited volume is an essential resource for students, researchers and practitioners working or studying within both legal systems.
