Download Trusts In Mixed Legal Systems full books in PDF, epub, and Kindle. Read online Trusts In Mixed Legal Systems ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!
Author : John Michael Milo
Publisher :
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4.88/5 ( download)
Download or read book Trusts in Mixed Legal Systems written by John Michael Milo and published by . This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : J. Michael Milo
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.82/5 ( download)
Download or read book Trusts in Mixed Legal Systems written by J. Michael Milo and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the introduction to a special issue of the European Review of Private Law on trusts in mixed jurisdictions. It considers to what extent mixed legal systems, such as those of Scotland, South-Africa and Quebec, can offer an attractive model for an international variant of trust. Two recent developments have increased the need to reconcile the Anglo-American trust with principles of civil law. The first is the overall tendency of unifying or harmonizing areas of private law, and especially commercial law, and therefore also trust laws, not only in Europe but also elsewhere. The second is the entry into force of The Hague Convention on the Law Applicable to Trusts and on their Recognition, which makes questions regarding the effect of trusts recognized in a civil jurisdiction imminent.
Author : E. Örücü
Publisher :
ISBN 13 :
Total Pages : 352 pages
Book Rating : 4.60/5 ( download)
Download or read book Mixed Legal Systems at New Frontiers written by E. Örücü and published by . This book was released on 2010 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide original views on and insight into mixed legal systems in general, and some mixed legal systems and ongoing mixes in particular. The hope is that the analyses to be found in the eleven contributions will be helpful for all who have a general interest in comparative law and a special interest in mixed legal systems.
Author : Lionel Smith
Publisher : Cambridge University Press
ISBN 13 : 1107378699
Total Pages : 293 pages
Book Rating : 4.98/5 ( download)
Download or read book Re-imagining the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2012-03-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.
Author : Masayuki Tamaruya
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.13/5 ( download)
Download or read book Mixed Legal System from the Perspective of Japanese Trust Law written by Masayuki Tamaruya and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law of trust is like a drop of oil that floats on the surface of water. This remark by Professor Shinomiya, the author of a definitive treatise on Japanese trust law, is a reminder that the law of trust has yet to locate its proper place within the structure of Japanese private law. In Japan, the Civil Code forms the basis of private law, and a separate statute provides for the law of trusts. The Civil Code was drafted in the 1890s under the heavy influence of French and German jurisprudence. The Trust Law, originally enacted in 1922 and now superseded by new legislation in 2006, follows the Common Law tradition. The law of trusts in Japan is thus an obvious example of the mixing of the Civil Law tradition and the Common Law tradition. Nevertheless, Japanese scholars have made only a limited attempt to learn from the mixed legal system, while huge research efforts have been devoted on trust law and jurisprudence in England, the USA, and other Common Law jurisdictions. What can Japanese lawyers learn from the experience in the mixed legal system, and particularly in South Africa? More generally, what does the perspective of the mixed legal system have to offer for comparative studies? This paper is an attempt to address these questions in the context of trust law.
Author : Lionel Smith
Publisher : Cambridge University Press
ISBN 13 : 1107276683
Total Pages : 585 pages
Book Rating : 4.80/5 ( download)
Download or read book The Worlds of the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2013-08-22 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
Author : Maurizio Lupoi
Publisher : Cambridge University Press
ISBN 13 : 9780521623292
Total Pages : 444 pages
Book Rating : 4.94/5 ( download)
Download or read book Trusts written by Maurizio Lupoi and published by Cambridge University Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study covering three models of trust : the English, the international and the civilian. More than forty countries are examined and a unified theory of trusts is submitted. 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.
Author : D. W. M. Waters
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.70/5 ( download)
Download or read book The Common Law Trust in the Modern World written by D. W. M. Waters and published by . This book was released on 1984 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Lusina Ho
Publisher : Cambridge University Press
ISBN 13 : 110724479X
Total Pages : 321 pages
Book Rating : 4.95/5 ( download)
Download or read book Trust Law in Asian Civil Law Jurisdictions written by Lusina Ho and published by Cambridge University Press. This book was released on 2013-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Vernon Palmer
Publisher : Edinburgh University Press
ISBN 13 : 0748642129
Total Pages : 456 pages
Book Rating : 4.20/5 ( download)
Download or read book Mixed Jurisdictions Compared written by Vernon Palmer and published by Edinburgh University Press. This book was released on 2009-10-15 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: Returning to a theme featured in some of the earlier volumes in the Edinburgh Studies in Law series, this volume offers an in-depth study of 'mixed jurisdictions' - legal systems which combine elements of the Anglo-American Common Law and the European Civil Law traditions. This new collection of essays compares key areas of private law in Scotland and Louisiana. In thirteen chapters, written by distinguished scholars on both sides of the Atlantic, it explores not only legal rules but also the reasons for the rules, discussing legal history, social and cultural factors, and the law in practice, in order to account for patterns of similarity and difference. Contributions are drawn from the Law Schools of Tulane University, Louisiana State University, Loyola University New Orleans, the American University Washington DC, and the Universities of Aberdeen, Strathclyde and Edinburgh.
