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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 | |
| Introduction | p. 1 |
| The heart of the trust | p. 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 equity | p. 57 |
| Equity and non-express trusts | p. 74 |
| The traditional English model | p. 95 |
| The creation of a trust | p. 95 |
| Typology of trusts | p. 122 |
| The notion of trust | p. 156 |
| The international trust model | p. 201 |
| Overview of legal systems | p. 205 |
| Structural elements of the model: consolidation of English regulae | p. 223 |
| Structural element of the model: new regulae | p. 239 |
| Trusts in civil-law or mixed legal systems | p. 267 |
| Comparative data | p. 267 |
| Overview of legal systems | p. 273 |
| Two special cases | p. 292 |
| Comparative considerations | p. 301 |
| The Hague Convention, 1985 | p. 327 |
| The general framework of the shapeless trust | p. 327 |
| The applicable law | p. 346 |
| Recognition and its effect | p. 353 |
| Trusts in Italy | p. 368 |
| The civilian approach to trusts | p. 368 |
| Index | p. 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
Publisher: CAMBRIDGE UNIV PR
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
