Modern International Developments In Trust Law

Author : David Hayton
Publisher : Springer
Page : 370 pages
File Size : 48,9 Mb
Release : 1999-03-10
Category : Law
ISBN : STANFORD:36105060430415

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Modern International Developments in Trust Law by David Hayton Pdf

This book is concerned with the development of the trust idea in common law jurisdictions, whether mainland or offshore, and in civil law jurisdictions. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts, about which little has been written. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the Recognition of Trusts comes to be implemented. In this volume the work of leading trust scholars in Canada, England, the USA, Germany and Japan is brought together to explore key issues in trust law, until now not covered in any single resource: the full elasticity of the trust concept; the variety and significance of commercial or financial trusts; the scope for reforming trust law in various jurisdictions to make it more economically efficient in assisting in the preservation and generation of wealth; the potential for the development of a core trust concept in civil law jurisdictions as a special part of the law of obligations, without any need to create equitable proprietary interests in favour of beneficiaries. Modern International Developments in Trust Law will be of interest not only to academic trust lawyers and comparative lawyers, but to common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions.

Author : David J. Hayton
Publisher : Jordan Publishing (GB)
Page : 0 pages
File Size : 45,6 Mb
Release : 2011
Category : Conflict of laws
ISBN : 1846612721

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The International Trust by David J. Hayton Pdf

The International Trust presents an in-depth analysis of a range of highly topical issues of great significance in the area of international trust law. Under the editorship of a leading trust law specialist, a team of eminent contributors have applied their expertise to addressing a range of subjects at the cutting edge of thinking in this area. Part I of the book contains the indispensable conflict of laws chapters, each now extensively updated by its original author. Part II covers a wide variety of issues crucial to trust advisers, each updated to take in the latest developments in areas including trusts and finance law, money laundering and trusts, protectors and purpose trusts. Part III contains chapters on Italy and China - jurisdictions in which recent trust law developments have generated considerable international interest. Part IV contains Professor Donovan Waters' notable chapter on the future of the trust fully updated by the author.

Author : A. J. Oakley
Publisher : Oxford University Press
Page : 390 pages
File Size : 44,7 Mb
Release : 1996
Category : Law
ISBN : 0198262868

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Trends in Contemporary Trust Law by A. J. Oakley Pdf

Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.

Author : Paolo Panico
Publisher : Unknown
Page : 842 pages
File Size : 47,5 Mb
Release : 2017
Category : Trusts and trustees
ISBN : 0191927651

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International Trust Laws by Paolo Panico Pdf

International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts. The book combines academic rigour and analysis with a practical focus on trusts in the real world, including assets which modern settlors wish to envelop in a trust; liability concerns of trustees; and the governance, command, and control mechanisms which increasingly form the largest feature of trust creation. It also provides valuable background for trust law practitioners, whether they advise on trusts, draft trust documents, or litigate trust-related matters. The new edition has been fully revised and updated to address important developments in case law and legislation.--

Author : D. W. M. Waters
Publisher : Unknown
Page : 32 pages
File Size : 43,7 Mb
Release : 1984
Category : Trusts and trustees
ISBN : STANFORD:36105043904270

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The Common Law Trust in the Modern World by D. W. M. Waters Pdf

Author : Daniel Clarry
Publisher : Unknown
Page : 128 pages
File Size : 49,6 Mb
Release : 2011
Category : Electronic
ISBN : OCLC:841469606

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The Irreducible Core of the Trust by Daniel Clarry Pdf

This thesis examines the irreducible core concept in trust law, as well as the justifications for its further development and realisation throughout the prominent Commonwealth jurisdictions of Australia, Canada, England & Wales and New Zealand. A comparative analysis of the mandatory rules regime in United States trust law is also undertaken in order to compare and contrast the essential, juridical nature of the trust throughout the common law tradition. This thesis also pays particular attention to developments in the offshore practice of trusts and attempts to work through some of the contemporary challenges in trust law that strain the orthodox understanding of the trust. A comprehensive overview of the existing literature and international case law on the irreducible core approach to trusts is provided. Those lines of enquiry are then extended further in order to articulate more fully and precisely the irreducible core content of the trust. A relational ...

Author : Richard C. Nolan,Kelvin F. K. Low,Tang Hang Wu
Publisher : Cambridge University Press
Page : 609 pages
File Size : 52,8 Mb
Release : 2018-05-31
Category : Law
ISBN : 9781316762134

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Trusts and Modern Wealth Management by Richard C. Nolan,Kelvin F. K. Low,Tang Hang Wu Pdf

Trust law has grown and developed over recent years through the continued ingenuity of practitioners and the provision of innovative new trust laws by offshore jurisdictions. The wealth managed through the medium of trust law has also changed in recent years, as increasingly it has come from the newly rich of Asia. This brings distinctive issues to the fore: the role of settlors, family members and trusted advisors in trust administration; the position of trustees in relation to instructions coming from such persons; and an increased desire for confidentiality in trust administration and the settlement of trust disputes. This collection focuses on trusts which are deliberately created to manage wealth and the concomitant issues such trusts raise in other areas of law. Essays from leading members of the judiciary, practitioners and academics explore these developments and their implications for the users of trust law and for society in general.

Author : Walter H. Diamond
Publisher : Unknown
Page : 128 pages
File Size : 43,7 Mb
Release : 1996
Category : Trusts and trustees
ISBN : 904119830X

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International Trust Laws and Analysis by Walter H. Diamond Pdf

Author : Rachael Mulheron
Publisher : Routledge
Page : 400 pages
File Size : 46,9 Mb
Release : 2016-04-08
Category : Law
ISBN : 9781135392659

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The Modern Cy-près Doctrine by Rachael Mulheron Pdf

It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.

Author : Graham Virgo
Publisher : Oxford University Press
Page : 735 pages
File Size : 42,8 Mb
Release : 2018
Category : Equity
ISBN : 9780198804710

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The Principles of Equity & Trusts by Graham Virgo Pdf

'The Principles of Equity and Trusts' brings an engaging contextual approach to the subject. Graham Virgo overcomes the complex issues in the study of trusts and equity with unparalleled clarity, offering a rigorous and insightful commentary on the law and its contemporary contexts.

Author : Paolo Panico
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 43,7 Mb
Release : 2017
Category : Law
ISBN : 0198754221

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International Trust Laws by Paolo Panico Pdf

The settlor : reserved powers and private trust companies -- Beneficial interests : protection, forfeiture, and trust termination -- Disclosure of information to the eneficiaries and letters of wishes -- Trustees' dispositive powers and discretionary trusts -- The rule in Hastings-Bass, mistake, and rectification -- Trustee exemption clauses -- Trustee liability to third parties -- Trustees' remuneration, expenses, and indemnity -- Directed trusts and delegated trusts -- Protectors -- Firewall legislation -- Asset protection trusts -- Non-charitable purpose trusts -- Trusts without equity -- Quistclose trusts

Author : Lionel Smith
Publisher : Cambridge University Press
Page : 293 pages
File Size : 50,5 Mb
Release : 2012-03
Category : Law
ISBN : 9781107011328

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Re-imagining the Trust by Lionel Smith Pdf

This collection of essays by experts in the field explores the place of the trust in the modern civil law.

Author : Ying Khai Liew,Matthew Harding
Publisher : Bloomsbury Publishing
Page : 704 pages
File Size : 44,8 Mb
Release : 2021-08-26
Category : Law
ISBN : 9781509934805

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Asia-Pacific Trusts Law, Volume 1 by Ying Khai Liew,Matthew Harding Pdf

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 : J. M. Smits
Publisher : Edward Elgar Publishing
Page : 1025 pages
File Size : 50,6 Mb
Release : 2012-01-01
Category : Law
ISBN : 9781781006108

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Elgar Encyclopedia of Comparative Law, Second Edition by J. M. Smits Pdf

Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.

Author : David Hayton
Publisher : Kluwer Law International B.V.
Page : 482 pages
File Size : 50,7 Mb
Release : 2002-07-19
Category : Law
ISBN : 9789041198792

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Extending the Boudaries of Trust and Similar Ring-Fenced Funds by David Hayton Pdf

Virtually every jurisdiction today is busy developing private international law rules to deal with trusts and similar ring-fenced structures. With the increasing impact of globalisation, business interests throughout the world are intent on maximising the potential of such structures for raising funds, lowering risks, and cutting costs. As a result, numerous complex issues involving the traditional categories of settlor, beneficiary, and fiduciary are being radically transformed. Extending the Boundaries of Trusts and Similar Ring-Fenced Funds offers valuable analyses, by sixteen well-known authorities in the field, of a broad range of trust-related issues. The many important insights in this book reveal the workings of such issues as the following: the disappearing divergence between common law and civil law jurisdictions in the matter of trusts; using the segregated fund concept to manage the risk of insolvency; the demise of the "amateur trustee" in the charitable trust sector; why loss to the fund supersedes particular losses of beneficiaries; the legal dimensions of hiding ownership by "giving" property to trustees; the intervention of public policy in questions of perpetuity; the selective imposition of OECD and FTF transparency initiatives on offshore jurisdictions; and "policing" of trustee behaviour by beneficiaries. Lawyers, bankers, and others dealing with investment and business finance will find much information as well as food for thought in this fascinating book, as will those involved in the traditional trust industry, whether as trustees or lawyers or fund managers. Most of the essays in this outstanding thematic collection were originally prepared for presentation at a conference held in 2001 at King's College London.