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Trust companies --- Trusts and trustees --- Sociétés fiduciaires. --- Fiducie --- United States.
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Trust companies --- Trusts and trustees --- Finance, Personal --- United States.
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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.
Trusts and trustees. --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Trusts and trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Law and legislation
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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.
Trusts and trustees --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- History --- Law and legislation --- Fiducie --- Law --- General and Others
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Mit dem Inkrafttreten des Trustgesetzes im Jahr 2001 hat der Trust, eine der ureigensten Institutionen des Law, Eingang in das chinesische Zivilrecht gefunden. Der vorliegende Band stellt die Geschichte und die gesetzlichen Grundlagen des chinesischen Trust vor und untersucht dessen Regelungen unter Berücksichtigung des englischen Trustrechts und des Rechts der deutschen Verwaltungstreuhand. Die Arbeit geht dabei insbesondere der Frage nach, welche rechtsdogmatischen und kulturellen Gesichtspunkte den chinesischen Gesetzgeber bei der Rezeption des Trust geleitet haben.
Der Trust im chinesischen Recht. --- Trusts and trustees --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Law and legislation --- Trust/Law Comparison.
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Equity --- Trusts and trustees --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Contracts --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Chancery --- Actions and defenses --- Law and legislation
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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.
Trusts and trustees --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Law and legislation --- Law --- General and Others
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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.
Law of obligations. Law of contract --- Trusts and trustees. --- Civil law systems. --- Roman law --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Trusts and trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Influence --- Law and legislation --- Civil law systems --- Law --- General and Others
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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.
Law of obligations. Law of contract --- Trusts and trustees. --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Trusts and trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Law and legislation --- Law --- General and Others
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In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
Fiducie --- Pensions trusts --- Mutual funds --- Trusts and trustees --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Investment companies --- Investment trusts --- Open-end mutual funds --- Profit-sharing trusts --- UITs --- Unit investment trusts --- Unit trusts --- Investments --- Investment clubs --- Law and legislation --- Antitrust law --- Law --- General and Others --- Pension trusts --- Employee pension trusts --- Pension funds --- Pension plans
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