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Conceptualising The Chinese Trust
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Book Synopsis Conceptualising the Chinese Trust by : Kenneth Reid
Download or read book Conceptualising the Chinese Trust written by Kenneth Reid and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Today it is common to find trusts in civil law jurisdictions, a recent and significant example being the Chinese trust, introduced in 2001. Yet civil law trusts are not the same as their common law counterparts, and the Chinese trust departs in some respects even from the model often found in the civil law. In particular, the Chinese trust allows for the possibility of title to trust assets being held, not by the trustee, but by the settlor. The paper examines this arrangement and concludes that, while it could be made to work and would justify the name of “trust”, the Chinese legislation fails to provide sufficient restraints on the power of the settlor. The paper then turns to consider the immunity of trust funds from the private creditors of the trustee. How can this immunity be explained? A traditional analysis is that, as the beneficiaries apparently “prevail” over the private creditors, so the explanation must be found in the nature of the beneficiaries' rights, which are said to be real or quasi-real. But this overlooks the position of trust creditors. They too “prevail” over private creditors or, to state the position more accurately for civil law trusts, they have a direct right of recourse against trust assets. Any explanation of immunity must thus account for trust creditors as well as for beneficiaries, and there can be no doubt that the claims of the former are (usually) personal and not real. The solution is to be found in the idea of dual patrimony. In a civil law trust there is segregation not only of assets but of liabilities as well. A trustee has both a private and a trust patrimony. Private creditors may claim only from the former, trust creditors (including beneficiaries) only from the latter. Trust funds are thus immune from private creditors because they are held in a patrimony in respect of which the creditors have no rights.
Book Synopsis Trust Law in Asian Civil Law Jurisdictions by : Lusina Ho
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.
Download or read book Trust Law in China written by Lusina Ho and published by . This book was released on 2003 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Towards a Chinese Civil Code by : Lei Chen
Download or read book Towards a Chinese Civil Code written by Lei Chen and published by Martinus Nijhoff Publishers. This book was released on 2012-11-13 with total page 577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Currently, China is drafting its new Civil Code. Against this background, the Chinese legal community has shown a growing interest in various legal and legislative ideas from around the world. "Towards a Chinese Civil Code" aims at providing the necessary historical and comparative legal perspectives. The book addresses the following topics: property law, contract law, tort law and civil procedure.
Book Synopsis Equity and Administration by : P. G. Turner
Download or read book Equity and Administration written by P. G. Turner and published by Cambridge University Press. This book was released on 2016-05-26 with total page 601 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is equity? This book explores modern equity's nature, especially its facilitative character and its role in common law systems.
Book Synopsis Conceptualizing Friendship in Time and Place by : Carla Risseeuw
Download or read book Conceptualizing Friendship in Time and Place written by Carla Risseeuw and published by BRILL. This book was released on 2017-07-31 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of friendship is more easily valued than it is described: this volume brings together reflections on its meaning and practice in a variety of social and cultural settings in history and in the present time, focusing on Asia and the Western, Euro-American world. The extension of the group in which friendship is recognized, and degrees of intimacy (whether or not involving an erotic dimension) and genuine appreciation may vary widely. Friendship may simply include kinship bonds—solidarity being one of its more general characteristics. In various contexts of travelling, migration, and a dearth of offspring, friendship may take over roles of kinship, also in terms of care.
Book Synopsis Conceptualizing the Regulatory Thicket by : Shen Wei
Download or read book Conceptualizing the Regulatory Thicket written by Shen Wei and published by Routledge. This book was released on 2020-10-18 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the regulatory framework, regulatory objectives, regulatory logics, regulatory instruments, regulatory failures, and regulatory responses in China’s financial market after the global financial crisis. The book provides an in-depth analysis of China’s contemporary financial regulatory system, focusing on risks, regulation, and policies in practice. By drawing on public and private interest theories relating to financial regulation, the book contends that the controlled development of the banking sector, and the financial sector generally, has transformed China’s banks into more market-oriented institutions and increased public sector growth. However, China’s financial market and financial regulation have some inherent weaknesses and deficiencies. This book also offers insights into how this can be improved or adapted to minimize systemic risks in China’s financial sector. This book tries to prove that financial regulation is not just a vehicle for maintaining efficient financial markets but a primary tool through which the Chinese government achieves its political and economic objectives. More fundamentally, according to the law and finance theory, strong market and vibrant judicial systems are needed to further modernize China’s financial markets and market economy. The book will be a useful reference for anyone interested in learning from the Chinese experience.
Book Synopsis Current Issues and Trends in Knowledge Management, Discovery, and Transfer by : Jennex, Murray Eugene
Download or read book Current Issues and Trends in Knowledge Management, Discovery, and Transfer written by Jennex, Murray Eugene and published by IGI Global. This book was released on 2019-12-27 with total page 450 pages. Available in PDF, EPUB and Kindle. Book excerpt: No matter the industry, the development of information technologies has transformed how information is distributed and used to predict trends. Collecting and identifying the most vital information, however, requires constant management and manipulation. Current Issues and Trends in Knowledge Management, Discovery, and Transfer is an essential reference source that discusses crucial practices for collaborating and distributing work as well as validating accrued knowledge from real-time data. Featuring research on topics such as dynamic knowledge, management systems, and sharing behavior, this book is ideally designed for academics, researchers, librarians, managing professionals, and students seeking coverage on knowledge acquisition and implementation across systems.
Book Synopsis Transnational Fiduciary Law by : Seth Davis
Download or read book Transnational Fiduciary Law written by Seth Davis and published by Cambridge University Press. This book was released on 2023-10-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines addresses a social problem that cuts across legal systems: abuse of authority in decision making. Whether within familial, political, or business relations, all individuals are vulnerable to another's abuse of authority to make decisions for them. This book is about how law may respond to this problem transnationally.
Book Synopsis The Governance of Chinese Charitable Trusts by : Hui Jing
Download or read book The Governance of Chinese Charitable Trusts written by Hui Jing and published by Cambridge University Press. This book was released on 2023-08-31 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Legal Certainty in a Contemporary Context by : Mark Fenwick
Download or read book Legal Certainty in a Contemporary Context written by Mark Fenwick and published by Springer. This book was released on 2016-04-02 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.
Book Synopsis Guanxi, How China Works by : Yanjie Bian
Download or read book Guanxi, How China Works written by Yanjie Bian and published by John Wiley & Sons. This book was released on 2019-03-04 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do social relations, or guanxi, matter in China today and how can this distinctive form of personal connection be better understood? In Guanxi: How China Works, Yanjie Bian analyzes the forms, dynamics, and impacts of guanxi relations in reform-era China, and shows them to be a crucial part of the puzzle of how Chinese society operates. Rich in original studies and insightful analyses, this concise book offers a critical synthesis of guanxi research, including its empirical controversies and theoretical debates. Bian skillfully illustrates the growing importance of guanxi in diverse areas such as personal network building, employment and labor markets, informal business relationships, and the broader political sphere, highlighting guanxi’s central value in China's contemporary social structure. A definitive statement on the topic from a top authority on the sociology of guanxi, this book is an excellent classroom introduction for courses on China, a useful reference for guanxi researchers, and ideal reading for anyone interested in Chinese culture and society.
Book Synopsis The Oxford Handbook of Social and Political Trust by : Eric M. Uslaner
Download or read book The Oxford Handbook of Social and Political Trust written by Eric M. Uslaner and published by Oxford University Press. This book was released on 2018-01-02 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores the foundations of trust, and whether social and political trust have common roots. Contributions by noted scholars examine how we measure trust, the cultural and social psychological roots of trust, the foundations of political trust, and how trust concerns the law, the economy, elections, international relations, corruption, and cooperation, among myriad societal factors. The rich assortment of essays on these themes addresses questions such as: How does national identity shape trust, and how does trust form in developing countries and in new democracies? Are minority groups less trusting than the dominant group in a society? Do immigrants adapt to the trust levels of their host countries? Does group interaction build trust? Does the welfare state promote trust and, in turn, does trust lead to greater well-being and to better health outcomes? The Oxford Handbook of Social and Political Trust considers these and other questions of critical importance for current scholarly investigations of trust.
Book Synopsis The Metaphysics of Chinese Moral Principles by : Mingjun Lu
Download or read book The Metaphysics of Chinese Moral Principles written by Mingjun Lu and published by BRILL. This book was released on 2022-01-17 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book seeks to construct and establish the metaphysics of Chinese morals as a formal and independent branch of learning by abstracting and systemizing the universal principles presupposed by the primal virtues and key imperatives in Daoist and Confucian ethics.
Book Synopsis The Worlds of the Trust by : Lionel Smith
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.
Book Synopsis Re-imagining the Trust by : Lionel Smith
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 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays by experts in the field explores the place of the trust in the modern civil law.
Book Synopsis Modern Studies in Property Law - Volume 7 by : Nicholas Hopkins
Download or read book Modern Studies in Property Law - Volume 7 written by Nicholas Hopkins and published by Bloomsbury Publishing. This book was released on 2014-07-18 with total page 846 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of peer reviewed papers presented at the ninth biennial Modern Studies in Property Law conference held at the University of Southampton in March 2012. It is the 7th volume to be published under the name of the conference. The conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects both the breadth of modern research in property law and its international dimensions. Incorporating a keynote address by Lord Walker of Gestingthorpe, retired Justice of the Supreme Court, on 'The Saga of Strasbourg and Social Housing,' a number of chapters reveal the bourgeoning influence of human rights in property law. Other contributions illustrate an enduring need to question and explore fundamental concepts of the subject alongside new and emerging areas of study. Collectively the chapters demonstrate the importance and relevance of property research in addressing a wide range of contemporary issues.
