Trust Law In Asian Civil Law Jurisdictions

Author : Lusina Ho,Rebecca Lee
Publisher : Cambridge University Press
Page : 321 pages
File Size : 48,5 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 : Lusina Ho,Rebecca Lee
Publisher : Unknown
Page : 128 pages
File Size : 53,5 Mb
Release : 2013
Category : Trusts and trustees
ISBN : 1107241421

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

This book analyses and compares Asian trust laws to critically evaluate Asian approaches to the reception of the trust.

Author : Lusina Ho
Publisher : Unknown
Page : 356 pages
File Size : 42,6 Mb
Release : 2003
Category : Trusts and trustees
ISBN : STANFORD:36105063636042

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Trust Law in China by Lusina Ho Pdf

Author : Yun-chien Chang,Weitseng Chen,Ying-Chieh Wu
Publisher : Kluwer Law International B.V.
Page : 209 pages
File Size : 48,8 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 : David Hayton
Publisher : Springer
Page : 370 pages
File Size : 47,9 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 : Zhen Meng
Publisher : Springer
Page : 171 pages
File Size : 43,9 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 : Lionel Smith
Publisher : Cambridge University Press
Page : 293 pages
File Size : 43,5 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 : 51,7 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 : David J. Hayton,Sebastianus Constantinus Johannes Josephus Kortmann,H. L. E. Verhagen
Publisher : Unknown
Page : 215 pages
File Size : 41,8 Mb
Release : 1999-01-01
Category : Trusts and trustees
ISBN : 9027150486

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Principles of European Trust Law by David J. Hayton,Sebastianus Constantinus Johannes Josephus Kortmann,H. L. E. Verhagen Pdf

Since the ratification of the Hague Trust Convention by the Netherlands & Italy, the question of whether civil law countries ought to have a trust or a legal institution resembling it has gained importance. The Business & Law Research Centre at the University of Nijmegen founded an international working group of experts in the field of trust law in 1996. This group developed eight principles of European trust law designed to facilitate transactions within European jurisdictions, to enable countries to recognise the potential for the development of new domestic legal concepts & to provide guidance as to how these developments can be framed in different legal & socio-economic contexts. This book provides a detailed analysis of these principles both from a common law & a civil law point of view. In particular, the national reports give an overview of the current law relating to trusts & fiduciary relationships and, in the case of civil law jurisdictions, whether the trust concept can be incorporated in the domestic legal systems on the basis of the eight principles.

Author : Paolo Panico
Publisher : Oxford University Press, USA
Page : 672 pages
File Size : 43,9 Mb
Release : 2010-02-18
Category : Language Arts & Disciplines
ISBN : STANFORD:36105134517551

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International Trust Laws by Paolo Panico Pdf

International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law. It analyzes topics including protectors, shams, beneficiaries' right to information and protection from heirs and creditors, examining their development under English law and across a wide range of jurisdictions.

Author : Anonim
Publisher : Unknown
Page : 464 pages
File Size : 50,8 Mb
Release : 2021
Category : Electronic books
ISBN : 1509934820

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Asia-pacific Trusts Law by Anonim Pdf

"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 aims to do this by offering the first work that systematically explores trusts law across the region. 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."--

Author : Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff
Publisher : Oxford Handbooks
Page : 1028 pages
File Size : 54,7 Mb
Release : 2019-05-27
Category : Law
ISBN : 9780190634100

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The Oxford Handbook of Fiduciary Law by Evan J. Criddle,Paul B. Miller,Robert H. Sitkoff Pdf

The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Author : Mark Brabazon
Publisher : Cambridge University Press
Page : 417 pages
File Size : 52,8 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781108492256

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International Taxation of Trust Income by Mark Brabazon Pdf

This book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust and will appeal to international tax practitioners, administrators, policymakers, academics, and students.

Author : Seth Davis,Thilo Kuntz,Gregory Shaffer
Publisher : Cambridge University Press
Page : 321 pages
File Size : 49,6 Mb
Release : 2023-10-31
Category : Law
ISBN : 9781009310291

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Transnational Fiduciary Law by Seth Davis,Thilo Kuntz,Gregory Shaffer Pdf

This book examines addresses a social problem that cuts across legal systems: abuse of authority in decision making. Whether within familial, political, or business relations, all individuals are vulnerable to another's abuse of authority to make decisions for them. This book is about how law may respond to this problem transnationally.

Author : Hui Jing
Publisher : Cambridge University Press
Page : 233 pages
File Size : 52,6 Mb
Release : 2023-08-31
Category : Law
ISBN : 9781009327916

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The Governance of Chinese Charitable Trusts by Hui Jing Pdf