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The economic structure of trusts
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ISBN: 019172520X 9780191725203 Year: 2011 Publisher: Oxford : Oxford University Press,

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Providing an economic account of why trusts exist and how trust law should be shaped, this book explains the economic benefits of trusts as an extension of the law of property, arguing against accounts of trusts law grounded in the law of personal obligations. The theoretical model is then used to criticise recent developments in the law.


Book
Philosophical foundations of fiduciary law
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ISBN: 0191771554 Year: 2014 Publisher: Oxford : Oxford University Press,

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Fiduciary law is one of the most important areas of private law, governing a wide range of relationships that affect people in their daily lives. These new and innovative essays explore the foundations of fiduciary relationships and the duties fiduciaries owe to their beneficiaries.


Book
Trusts and patrimonies
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ISBN: 9780748697748 9780748697755 0748697756 9781474412308 1474412300 9781474403535 1474403530 0748697748 Year: 2015 Publisher: Edinburgh : Edinburgh University Press,

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This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.

The private trustee in Victorian England
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ISBN: 1107120500 1280429860 0511174934 0511155034 0511303769 0511495455 051104612X 0511016182 9780511016189 0511030878 9780511030871 9780511174933 9780521781855 052178185X 9780511046124 9780511495458 Year: 2002 Publisher: Cambridge : Cambridge University Press,

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The trust was a popular device among the Victorian middle classes to preserve their private property for the benefit of their families. At the centre of this legal institution was the trustee, whose duty it was to manage the property as the original owner wished. In their task of managing the property, Victorian trustees found themselves in a society which was changing rapidly and extensively, a new commercial and dynamic society which had a profound effect on their ability to carry out their duties. This book explores the legal response to the challenges faced by trustees, and does so through the varied relationships which trustees necessarily experienced in the course of their administration. A consideration of the legal dimension to trusteeship, this book sets the trustee in his legal, social and economic context. It will be of interest to legal historians, as well as to historians of nineteenth-century Britain.


Book
Trust law in Asian civil law jurisdictions : a comparative analysis
Authors: ---
ISBN: 9781139149945 9781107023123 1139149946 9781107250154 1107250153 9781107247666 1107247667 1107023122 1139891014 1107241421 1107250986 1107248493 1107249325 1299772617 9781139891011 9781107241428 9781107250987 9781107248496 9781107249325 Year: 2013 Publisher: Cambridge : Cambridge University Press,

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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.


Book
Fiduciary government
Authors: --- --- --- ---
ISBN: 1108679994 1108680011 110815526X 1107194245 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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The idea that the state is a fiduciary to its citizens has a long pedigree - ultimately reaching back to the ancient Greeks, and including Hobbes and Locke among its proponents. Public fiduciary theory is now experiencing a resurgence, with applications that range from international law, to insider trading by members of Congress, to election law and gerrymandering. This book is the first of its kind: a collection of chapters by leading writers on public fiduciary subject areas. The authors develop new accounts of how fiduciary principles apply to representation; to officials and judges; to problems of legitimacy and political obligation; to positive rights; to the state itself; and to the history of ideas. The resulting volume should be of great interest to political theorists and public law scholars, to private fiduciary law scholars, and to students seeking an introduction to this new and increasingly relevant area of study.


Book
Fiduciaries and trust : ethics, politics, economics and law
Authors: --- --- ---
ISBN: 1108572340 1108616224 110848042X 1108570682 Year: 2018 Publisher: Cambridge : Cambridge University Press,

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Systematic analysis of fiduciaries and trust is rare. The aim of this volume is to help fill this gap. The chapters explore the interactions of fiduciary law and trust, drawing on literatures on trust that have been generated in a variety of disciplines. They do so with an eye to the full scope of extension claimed for the fiduciary principle, from its heartland in private law, to its frontiers in public law and government more broadly. Overall, the volume advances an integrated and wide-ranging understanding of the relation of fiduciaries and trust that illuminates key legal and political problems, and challenges and deepens our understanding of fiduciaries and trust themselves.


Book
International trust laws
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ISBN: 0191927651 0191069159 Year: 2017 Publisher: Oxford, England : Oxford University Press,


Book
L'institution du trust dans le système mixte du droit privé écossais.
Authors: ---
ISBN: 8372061106 9788372061102 Year: 2005 Publisher: Varsovie Liber


Book
Re-imagining the trust : trusts in civil law
Author:
ISBN: 9781107011328 9780511894879 9781139336833 1139336835 0511894872 1107011329 9781139338578 1139338579 1107228824 9781107228825 1280394048 9781280394041 9786613571960 6613571962 1139340158 9781139340151 1139341731 9781139341738 113933428X 113933770X Year: 2012 Publisher: Cambridge : Cambridge University Press,

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Abstract

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.

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