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Trusts : A Comparative Study - Maurizio Lupoi


A Comparative Study

By: Maurizio Lupoi, Simon Dix (Translator)

Hardcover Published: 22nd February 2001
ISBN: 9780521623292
Number Of Pages: 432

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This is the first attempt ever to deal with trusts on a comparative law basis. It covers three models of trust: the English, the international and the civilian. It examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.

Texts cited in abbreviated format
Abbreviations of journals and law reports
Table of cases
Introductionp. 1
The heart of the trustp. 14
Trusts arising out of rules of equity (constructive trusts)p. 22
Returning or residual trusts (resulting trusts)p. 50
The maxims and protection of equityp. 57
Equity and non-express trustsp. 74
The traditional English modelp. 95
The creation of a trustp. 95
Typology of trustsp. 122
The notion of trustp. 156
The international trust modelp. 201
Overview of legal systemsp. 205
Structural elements of the model: consolidation of English regulaep. 223
Structural element of the model: new regulaep. 239
Trusts in civil-law or mixed legal systemsp. 267
Comparative datap. 267
Overview of legal systemsp. 273
Two special casesp. 292
Comparative considerationsp. 301
The Hague Convention, 1985p. 327
The general framework of the shapeless trustp. 327
The applicable lawp. 346
Recognition and its effectp. 353
Trusts in Italyp. 368
The civilian approach to trustsp. 368
Indexp. 387
Table of Contents provided by Blackwell. All Rights Reserved.

ISBN: 9780521623292
ISBN-10: 0521623294
Series: Cambridge Studies in International and Comparative Law
Audience: Professional
Format: Hardcover
Language: English
Number Of Pages: 432
Published: 22nd February 2001
Country of Publication: GB
Dimensions (cm): 22.86 x 15.24  x 2.87
Weight (kg): 0.8

Earn 926 Qantas Points
on this Book