Commercial Trusts in European Private Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521849197
Total Pages : 630 pages
Book Rating : 4.8/5 (491 download)

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Book Synopsis Commercial Trusts in European Private Law by : Michele Graziadei

Download or read book Commercial Trusts in European Private Law written by Michele Graziadei and published by Cambridge University Press. This book was released on 2005-11-03 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalization 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 volume presents cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law.

Commercial Trusts in European Private Law

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Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Commercial Trusts in European Private Law by : Michele Graziadei

Download or read book Commercial Trusts in European Private Law written by Michele Graziadei and published by . This book was released on 2013 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of governing law) and specialized applications in particular fields (such as pensions and collective investment schemes). Produced with a team of over 20 contributors, it is the latest volume to appear from the Trent-based project The Common Core of European Private Law.The volume begins with a study of the history of comparative law scholarship in the field of trusts, situating the current work in the field and addressing the thorny issue of terminology. The comparative data are structured, according to the Common Core methodology, around hypothetical questions and responses from national reporters. The authors present comparative conclusions regarding the reports and a discussion of the issues raised for further study. The volume also includes an essay by Donovan Waters QC on the Hague Convention on the Law Applicable to Trusts and on their Recognition.

Commercial Trusts in European Private Law

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1139448161
Total Pages : 630 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Commercial Trusts in European Private Law by : Michele Graziadei

Download or read book Commercial Trusts in European Private Law written by Michele Graziadei and published by Cambridge University Press. This book was released on 2005-11-03 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Fundamental Texts on European Private Law

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1847310133
Total Pages : 536 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Fundamental Texts on European Private Law by : Oliver Radley-Gardner

Download or read book Fundamental Texts on European Private Law written by Oliver Radley-Gardner and published by Bloomsbury Publishing. This book was released on 2003-10-31 with total page 536 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the most significant legal developments of our time is the emergence of a European private law. The European Union enacts directives which profoundly affect the practice,teaching and study of core areas of 'classical' private law. Internationally commissions have formulated principles of European trusts, contract and commercial law. Furthermore, uniform private law can be found in a number of international conventions. This book gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. Fully updated, it contains the recent directives in the areas of E-Commerce, Electronic Signatures and Late Payments. It also makes available for the first time English language versions of a number of texts by international commissions. This book is a sister volume to the original German and the subsequent Spanish version. With full references to the implementation of the directives in Denmark, EIRE, Finland, Sweden and the United Kingdom, this book will be a useful resource for practitioners, students and teachers working in the field of European private law.

Principles of European Trust Law

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Author :
Publisher :
ISBN 13 : 9789027150486
Total Pages : 215 pages
Book Rating : 4.1/5 (54 download)

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Book Synopsis Principles of European Trust Law by : David J. Hayton

Download or read book Principles of European Trust Law written by David J. Hayton and published by . This book was released on 1999-01-01 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the ratification of the Hague Trust Convention by the Netherlands & Italy, the question of whether civil law countries ought to have a trust or a legal institution resembling it has gained importance. The Business & Law Research Centre at the University of Nijmegen founded an international working group of experts in the field of trust law in 1996. This group developed eight principles of European trust law designed to facilitate transactions within European jurisdictions, to enable countries to recognise the potential for the development of new domestic legal concepts & to provide guidance as to how these developments can be framed in different legal & socio-economic contexts. This book provides a detailed analysis of these principles both from a common law & a civil law point of view. In particular, the national reports give an overview of the current law relating to trusts & fiduciary relationships and, in the case of civil law jurisdictions, whether the trust concept can be incorporated in the domestic legal systems on the basis of the eight principles.

Modern International Developments in Trust Law

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Author :
Publisher : Springer
ISBN 13 :
Total Pages : 370 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Modern International Developments in Trust Law by : David Hayton

Download or read book Modern International Developments in Trust Law written by David Hayton and published by Springer. This book was released on 1999-03-10 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is concerned with the development of the trust idea in common law jurisdictions, whether mainland or offshore, and in civil law jurisdictions. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts, about which little has been written. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the Recognition of Trusts comes to be implemented. In this volume the work of leading trust scholars in Canada, England, the USA, Germany and Japan is brought together to explore key issues in trust law, until now not covered in any single resource: the full elasticity of the trust concept; the variety and significance of commercial or financial trusts; the scope for reforming trust law in various jurisdictions to make it more economically efficient in assisting in the preservation and generation of wealth; the potential for the development of a core trust concept in civil law jurisdictions as a special part of the law of obligations, without any need to create equitable proprietary interests in favour of beneficiaries. Modern International Developments in Trust Law will be of interest not only to academic trust lawyers and comparative lawyers, but to common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions.

Fundamental Texts on European Private Law

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Author :
Publisher : Hart Publishing
ISBN 13 : 9781841133782
Total Pages : 524 pages
Book Rating : 4.1/5 (337 download)

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Book Synopsis Fundamental Texts on European Private Law by : Oliver Radley-Gardner

Download or read book Fundamental Texts on European Private Law written by Oliver Radley-Gardner and published by Hart Publishing. This book was released on 2003 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the most significant legal developments of our time is the emergence of a European private law. The European Union enacts directives which profoundly affect the practice,teaching and study of core areas of 'classical' private law. Internationally commissions have formulated principles of European trusts, contract and commercial law. Furthermore, uniform private law can be found in a number of international conventions. This book gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. Fully updated, it contains the recent directives in the areas of E-Commerce, Electronic Signatures and Late Payments. It also makes available for the first time English language versions of a number of texts by international commissions. This book is a sister volume to the original German and the subsequent Spanish version. With full references to the implementation of the directives in Denmark, EIRE, Finland, Sweden and the United Kingdom, this book will be a useful resource for practitioners, students and teachers working in the field of European private law.

Principles, Definitions and Model Rules of European Private Law

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Author :
Publisher : sellier. european law publ.
ISBN 13 : 3866530595
Total Pages : 406 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis Principles, Definitions and Model Rules of European Private Law by : Study Group on a European Civil Code

Download or read book Principles, Definitions and Model Rules of European Private Law written by Study Group on a European Civil Code and published by sellier. european law publ.. This book was released on 2008 with total page 406 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.

Trusts in Mixed Legal Systems

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis Trusts in Mixed Legal Systems by : J. Michael Milo

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.

Commercial Trusts

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Publisher :
ISBN 13 : 9780409338812
Total Pages : 434 pages
Book Rating : 4.3/5 (388 download)

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Book Synopsis Commercial Trusts by : Nuncio D'Angelo

Download or read book Commercial Trusts written by Nuncio D'Angelo and published by . This book was released on 2014 with total page 434 pages. Available in PDF, EPUB and Kindle. Book excerpt: Commercial Trusts examines, in an applied way, the Australian commercial trust as a dynamic and modern enterprise entity operating, in effect, as a surrogate company. The focus is on the legal and insolvency risk position of the three main classes of participant, that is, unit holders, corporate trustees and creditors and other 'outsiders'. The appendices contain state-of-the-art due diligence checklists, with explanations for every step, and sample protective clauses for inclusion in commercial trust instruments and third party contracts (including financing arrangements), in all cases drawn on best practice models in current use in the Australian market, enhanced to address the issues dealt with in the substantive content. This book is indispensable for any lawyer advising those involved in or dealing with commercial trusts. Please note the book does not deal with the taxation treatment of commercial trusts.

Precontractual Liability in European Private Law

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Publisher : Cambridge University Press
ISBN 13 : 0521516013
Total Pages : 537 pages
Book Rating : 4.5/5 (215 download)

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Book Synopsis Precontractual Liability in European Private Law by : John Cartwright

Download or read book Precontractual Liability in European Private Law written by John Cartwright and published by Cambridge University Press. This book was released on 2008 with total page 537 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.

Principles of European Trust Law

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Author :
Publisher : Springer
ISBN 13 : 9789041197269
Total Pages : 236 pages
Book Rating : 4.1/5 (972 download)

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Book Synopsis Principles of European Trust Law by : David Hayton

Download or read book Principles of European Trust Law written by David Hayton and published by Springer. This book was released on 1999-02-08 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The results of a working party of senior academics in property law, leading to a statement of eight principles of European trust law. With commentary and national reports.

Transfer of Immovables in European Private Law

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Publisher : Cambridge University Press
ISBN 13 : 1316949745
Total Pages : 449 pages
Book Rating : 4.3/5 (169 download)

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Book Synopsis Transfer of Immovables in European Private Law by : Luz M. Martínez Velencoso

Download or read book Transfer of Immovables in European Private Law written by Luz M. Martínez Velencoso and published by Cambridge University Press. This book was released on 2017-05-25 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: The transfer of immovables in Europe creates a series of challenges and questions in practice. The increase in cross-border transactions of immovable property within the European Union has created a demand for knowledge of the system of land registration across a range of jurisdictions. This volume compares and contrasts the different legal processes of seventeen countries and includes a comprehensive analysis of the transfer of immovables and the Land Register in Europe. With fifteen case studies, it provides both theoretical and practical information on the applicable contract and land law. This volume encourages the reader to evaluate legal issues by using the wider European legal sources available. For this very purpose, it is an important research tool for comparative study in the field.

The Future of European Private Law

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Author :
Publisher :
ISBN 13 : 1509973850
Total Pages : 0 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Future of European Private Law by : André Janssen

Download or read book The Future of European Private Law written by André Janssen and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Until a few years ago, nothing seemed impossible in terms of the further development of European Private Law. Important projects such as the Common Frame of Reference and a Common European Sales Law were discussed, even a European Civil Code seemed to be within reach. With the failure of these ideas, however, the great visions for European Private Law have become silent, which does not take away from the fact that it is nevertheless developing steadily, only in a more small-scale and fragmentary manner than originally envisioned. This book aims on the one hand to show the state of development of European Private Law in all its facets, and on the other hand to answer the question of what the acquis communautaire of the future should look like. --

The Oxford Handbook of Fiduciary Law

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Publisher : Oxford Handbooks
ISBN 13 : 0190634103
Total Pages : 1028 pages
Book Rating : 4.1/5 (96 download)

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Book Synopsis The Oxford Handbook of Fiduciary Law by : Evan J. Criddle

Download or read book The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by Oxford Handbooks. This book was released on 2019-05-27 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of critical topics in fiduciary law and theory through chapters authored by leading scholars. The Handbook opens with surveys of the many fields of law in which fiduciary duties arise, including agency law, trust law, corporate law, pension law, bankruptcy law, family law, employment law, legal representation, health care, and international law. Drawing on these surveys, the Handbook offers a synthetic analysis of fiduciary law's key concepts and principles. Chapters in the Handbook explore the defining features of fiduciary relationships, clarify the distinctive fiduciary duties that arise in these relationships, and identify the remedies available for breach of fiduciary duties. The volume also provides numerous comparative perspectives on fiduciary law from eminent legal historians and from scholars with deep expertise in a diverse array of the world's legal systems. Finally, the Handbook lays the groundwork for future research on fiduciary law and theory by highlighting cross-cutting themes, identifying persistent theoretical and practical challenges, and exploring how the field could be enriched through empirical analysis and interdisciplinary insights from economics, philosophy, and psychology. Unparalleled in its breadth and depth of coverage, The Oxford Handbook of Fiduciary Law represents an invaluable resource for practitioners, policymakers, scholars, and students in this essential field of law.

Towards an EU Directive on Protected Funds

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789041131409
Total Pages : 0 pages
Book Rating : 4.1/5 (314 download)

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Book Synopsis Towards an EU Directive on Protected Funds by :

Download or read book Towards an EU Directive on Protected Funds written by and published by Kluwer Law International. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2004 the Business and Law Research Centre of the Radboud University Nijmegen reinstated the International Working Group on European Trust Law, which previously produced the book "Principles of European Trust Law" edited by Professors Hayton, Kortmann and Verhagen, published in 1999. The Working Group on Trust Law was subsequently enlarged, so as to prepare the way for a new law on protected funds in the EU and backed by a broad range of National Reports explaining the current legal position and considering implementing the protective fund directive into national law. By doing so, the International Working Group on Trust Law has shifted its purpose. Instead of reviewing or consolidating current law, as was the case in previous projects, it has taken a step further by working towards a proposal for new legislation in the European Union. The result of this proposal - a draft Directive on Protected Funds - is presented in this book.

Commercial Trust - Belgian Report

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Publisher :
ISBN 13 :
Total Pages : 42 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis Commercial Trust - Belgian Report by : Alain Laurent Verbeke

Download or read book Commercial Trust - Belgian Report written by Alain Laurent Verbeke and published by . This book was released on 2013 with total page 42 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this book a comparative analysis of commercial trust under European law is made.We describe how specific cases on commercial trusts would be treated under Belgian law.