Author : Remus Valsan
Publisher : Edinburgh University Press
Page : 272 pages
File Size : 49,56 MB
Release : 2015-06-17
Category : Law
ISBN : 0748697756
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.
Author : Remus Valsan
Publisher : Edinburgh University Press
Page : 253 pages
File Size : 50,92 MB
Release : 2015-06-17
Category : Law
ISBN : 1474403530
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 : Nicolas Malumian
Publisher : Oxford University Press
Page : 432 pages
File Size : 27,3 MB
Release : 2009-10-16
Category : Law
ISBN : 0199748497
The growing interest in investment in Latin America - particularly in commodities production and real estate development - has increased the use of trusts as investment vehicles throughout Latin America. Written for the English-speaking practitioner, the book covers Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, México, Panamá, Paraguay, Perú, Uruguay and Venezuela and provides a practical, clear, and thorough explanation of trusts as legal vehicles for investment in Latin American countries. Trusts in Latin America provides a comprehensive, comparative review of statutes, case law, and examples of trusts in Latin America, and also highlights differences between these countries and common-law systems.
Author : Lionel Smith
Publisher : Cambridge University Press
Page : 585 pages
File Size : 50,27 MB
Release : 2013-08-22
Category : Law
ISBN : 1107276683
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 : Lionel Smith
Publisher :
Page : 0 pages
File Size : 22,51 MB
Release : 2013
Category :
ISBN :
The French jurist Pierre Lepaulle argued that the common law trust could be best understood, in civilian terms, as a patrimony by appropriation. This argument has been influential in some civilian receptions of the trust. In fact, Lepaulle misunderstood the nature of the common law trust, which is founded on the obligations owed by the trustee in relation to the trust property. The rights of beneficiaries in the common law trust are neither purely personal rights against the trustee, nor are they real rights in the trust property, but rather they are rights over the rights which the trustee holds as trust property; they have a proprietary character since they persist against many third party transferees of the trust property. This analysis of the common law trust leads to the conclusion that it would be a fundamental change to turn the common law trust into a legal person. More generally, it is argued that any legal system that characterizes the trust as a legal person will find that it has ceased to understand the trust as a fundamental legal institution.
Author : Lionel Smith
Publisher : Cambridge University Press
Page : 293 pages
File Size : 47,72 MB
Release : 2012-03-01
Category : Law
ISBN : 1107378699
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 : Arthur Underhill
Publisher :
Page : 656 pages
File Size : 15,41 MB
Release : 1896
Category : Trusts and trustees
ISBN :
Author : Thomas Lewin
Publisher :
Page : 1696 pages
File Size : 35,53 MB
Release : 1911
Category : Fiducia
ISBN :
Author : John Michael Milo
Publisher :
Page : 132 pages
File Size : 29,80 MB
Release : 2001
Category : Comparative law
ISBN :
Author : Jairus Ware Perry
Publisher :
Page : 960 pages
File Size : 11,19 MB
Release : 1910
Category : Trusts and trustees
ISBN :
