Ownership Of Trust Property In China

Author : Zhen Meng
Publisher : Springer
Page : 171 pages
File Size : 42,7 Mb
Release : 2017-07-25
Category : Law
ISBN : 9789811058462

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Ownership of Trust Property in China by Zhen Meng Pdf

This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question “Who is the owner of trust property in China?” Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.

Author : Lusina Ho
Publisher : Unknown
Page : 356 pages
File Size : 44,7 Mb
Release : 2003
Category : Trusts and trustees
ISBN : STANFORD:36105063636042

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Trust Law in China by Lusina Ho Pdf

Author : Lusina Ho,Rebecca Lee
Publisher : Cambridge University Press
Page : 321 pages
File Size : 46,6 Mb
Release : 2013-07-11
Category : Law
ISBN : 9781107244795

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Trust Law in Asian Civil Law Jurisdictions by Lusina Ho,Rebecca Lee Pdf

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 : Yun-chien Chang,Weitseng Chen,Ying-Chieh Wu
Publisher : Kluwer Law International B.V.
Page : 209 pages
File Size : 41,7 Mb
Release : 2017-09-08
Category : Law
ISBN : 9789041194237

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Property and Trust Law in Taiwan by Yun-chien Chang,Weitseng Chen,Ying-Chieh Wu Pdf

Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Taiwan deals with the issues related to rights and interests in all kinds of property and assets’ immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Taiwan will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Author : Jian Pu
Publisher : Routledge
Page : 204 pages
File Size : 41,8 Mb
Release : 2017-03-16
Category : Business & Economics
ISBN : 9781315388960

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Free the Land by Jian Pu Pdf

Land reform has been the most challenging social issue for China, which is in transition from an agricultural society to an industrialized country. As the initiator of "common-ownership trust", the author introduces trust theory into China's land reform, trying to settle the issues of land right verification and land circulation. Firstly, this book reflects on land circulation and common ownership theoretically. Then it reviews China's rural land system transition in history as well as its current circumstances and problems. Based on theoretical thinking and practice, this book proposes land trust and expounds on its nature and content. Lastly, it interprets the "cloud trust + land trust" model which combines science, technology, knowledge and capital with land to realize the intensive and overall development of land. This book attempts to solve China's land problems with financial tools, which provide significant implications for not only land reform but also trust theory study.

Author : Mark Fenwick,Stefan Wrbka
Publisher : Springer
Page : 194 pages
File Size : 50,6 Mb
Release : 2016-04-02
Category : Law
ISBN : 9789811001147

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Legal Certainty in a Contemporary Context by Mark Fenwick,Stefan Wrbka Pdf

This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.

Author : Lionel Smith
Publisher : Cambridge University Press
Page : 293 pages
File Size : 51,6 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 : United States. Congressional-Executive Commission on China
Publisher : Unknown
Page : 56 pages
File Size : 49,5 Mb
Release : 2003
Category : Electronic government information
ISBN : PSU:000050327447

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Ownership with Chinese Characteristics by United States. Congressional-Executive Commission on China Pdf

Contains testimony and prepared statements by Patrick A. Randolph, Brian Schwarzwalder, James A. Dorn, and Mark A. Cohen.

Author : Tim Lindsey,Simon Butt
Publisher : Oxford University Press
Page : 416 pages
File Size : 44,8 Mb
Release : 2018-09-06
Category : Law
ISBN : 9780191665578

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Indonesian Law by Tim Lindsey,Simon Butt Pdf

Indonesia has a growing population of almost 300 million people, it is increasingly involved in world affairs, and has a booming economy. The need to better understand its unique, complex, and often obscure legal system, has become pressing. This is true across a wide range of sectors including, but not limited to, trade and investment, crime and terrorism, and human rights. Indonesia's democratization after the fall of Soeharto in 1998 triggered massive social and political changes that opened up this diverse, and formerly tightly-controlled, society. Law reform was a key driver of Indonesia's transformation and its full effect remains to be seen. This book offers clear and detailed explanations of the foundations of Indonesia's legal system in the context of its legal reform and rapid development. It offers succinct commentaries on a wide range of issues, examining the judicial process, the constitution, corruption and the court system, contract law, administrative law, foreign investment, taxation, Islamic law, and family law. It examines current substantive law and judicial interpretation and presents case studies of how the system operates in practice. Written in an accessible and engaging style, this book is an essential guide for readers seeking quick and clear answers to questions regarding the law and its application in Indonesia.

Author : Hui Jing
Publisher : Cambridge University Press
Page : 233 pages
File Size : 43,5 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781009327916

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The Governance of Chinese Charitable Trusts by Hui Jing Pdf

Author : Zhicheng WU
Publisher : BRILL
Page : 285 pages
File Size : 53,5 Mb
Release : 2023-05-08
Category : Law
ISBN : 9789004547933

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Separation and Abstraction in Property Transfers by Zhicheng WU Pdf

This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.

Author : Nicholas Hopkins
Publisher : Bloomsbury Publishing
Page : 846 pages
File Size : 46,7 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782251811

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Modern Studies in Property Law - Volume 7 by Nicholas Hopkins Pdf

This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.

Author : Lionel Smith
Publisher : Cambridge University Press
Page : 585 pages
File Size : 45,7 Mb
Release : 2013-08-22
Category : Law
ISBN : 9781107032439

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The Worlds of the Trust by Lionel Smith Pdf

This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.

Author : Lei Chen,C.H. van Rhee
Publisher : Martinus Nijhoff Publishers
Page : 577 pages
File Size : 48,5 Mb
Release : 2012-11-13
Category : Law
ISBN : 9789004204874

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Towards a Chinese Civil Code by Lei Chen,C.H. van Rhee Pdf

Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.

Author : Chi Zhang
Publisher : Routledge
Page : 141 pages
File Size : 55,5 Mb
Release : 2019-03-19
Category : Law
ISBN : 9780429603242

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Legal Protection of Private Equity Investors in China by Chi Zhang Pdf

This monograph aims to provide an in-depth analysis of the legal protection of the private equity (PE) investors in China. In an academic sense, this research mainly focuses on the agency problems in the life cycle of PE investment under the business organization law system in China. Briefly speaking, the agency problems of PE investment derive from the two-level separation of ownership and control, one of which is the principal–agent relationship between the PE investors and the fund manager, and the other is the principal–agent relationship between the PE shareholders and the management of investee companies. It is the first research to provide an in-depth examination on the investor protection in the PE investment under the business organization law system in China.