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The Duty Of Loyalty In Chinese Trust Laws
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Book Synopsis The Duty of Loyalty in Chinese Trust Laws by : Hui Jing
Download or read book The Duty of Loyalty in Chinese Trust Laws written by Hui Jing and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines the meaning of the duty of loyalty as stipulated in the Trust Law of the People's Republic of China and its supplementary regulations. The analysis of the 'meaning' here is based on an exploration of three specific questions: what is the content and scope of the duty of loyalty; what function(s) does the duty of loyalty perform; and, what remedies are available for breach of the duty of loyalty? Where appropriate, comparisons with the duty of loyalty in the Chinese Company Law and common law jurisdictions will be conducted to delineate the unique characteristics of the duty of loyalty in Chinese trust laws. Based on such analysis, this article thenillustrates the relationship between the function(s) of the duty of loyalty and existing remedies available for breach of this duty. The aim of doing so is two-fold: to better understand what it is that distinguishes the duty of loyalty from other kinds of duties, and to identify the shortcomings that can be observed in the operation of the duty of loyalty in the current legal framework.
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 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: This book analyses and compares Asian trust laws to critically evaluate Asian approaches to the reception of the trust.
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 University Press. This book was released on 2019-04-29 with total page 912 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.
Book Synopsis The Duty of Loyalty in Trust Law by : Melanie L. Fein
Download or read book The Duty of Loyalty in Trust Law written by Melanie L. Fein and published by . This book was released on 2014 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt: The duty of loyalty has been a bedrock principle of trust law for hundreds of years. More recently, it has been applied outside the traditional trust sphere to a widening array of fiduciary relationships in the wealth management business. Questions concerning the nature and scope of the duty have arisen with increasing frequency and are affecting how wealth management services are delivered. New and emerging iterations of the duty of loyalty have not departed from the fundamental trust law principle that the interests of the fiduciary must be subordinated to those of the client. Nevertheless, subtle distinctions in the way the duty is interpreted may result in significant differences in the way it is applied in specific contexts. To assist in efforts to clarify the nature and scope of the duty of loyalty, this paper examines the duty in its strictest form as it currently exists in trust law as a baseline for analysis. As modern revisions of trust law indicate, the duty of loyalty is not absolute and may accommodate a wide range of fiduciary relationships and activities necessary for trustees and other wealth managers to serve their customers effectively and efficiently. The trust law duty of loyalty thus remains an important guidepost for the application of fiduciary standards in the broader wealth management business.
Book Synopsis Asia-Pacific Trusts Law, Volume 2 by : Ying Khai Liew
Download or read book Asia-Pacific Trusts Law, Volume 2 written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2022-12-15 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.
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: "This is the first English-language monograph researching the governance of Chinese charitable trusts from the perspective of law and sociology. It is of special interest to legal academics and sociologists working in the areas of charity, governance, regulation, political liberalisation, and East Asian law"--
Book Synopsis Chinese Contract Law by : Larry A. DiMatteo
Download or read book Chinese Contract Law written by Larry A. DiMatteo and published by Cambridge University Press. This book was released on 2017-10-26 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: A unique comparative analysis of Chinese contract law accessible to lawyers from civil, common, and mixed law jurisdictions.
Book Synopsis Comparative Company Law by : Andreas Cahn
Download or read book Comparative Company Law written by Andreas Cahn and published by Cambridge University Press. This book was released on 2018-10-04 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.
Book Synopsis Ownership of Trust Property in China by : Zhen Meng
Download or read book Ownership of Trust Property in China written by Zhen Meng and published by Springer. This book was released on 2017-07-25 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question “Who is the owner of trust property in China?” Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.
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 2024-02-08 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assesses the conceptualization and legal response to the social problem of abuse of fiduciary authority in transnational context.
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 Loring and Rounds by : Charles E. Rounds, Jr.
Download or read book Loring and Rounds written by Charles E. Rounds, Jr. and published by Wolters Kluwer. This book was released on 2012-12-20 with total page 1764 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the 114 years since its first publication, Augustus Peabody Loring 'scompact A Trustee's Handbook has come to be regarded as the mostconvenient, reliable, and complete source for trust research. This classicreference distills the essence of trust law, illuminating thefundamental principles and answering the basic questions:What are the duties of the trustee?What are the rights of the beneficiary?What are the rights of the settlor?What are the rights of third parties involvedLoring and Rounds: A Trustee's Handbook, 2013 Editioncarries on the tradition of concise, practical and up-to-date guidance fortrustees, giving you the latest in-depth information on how to stay on top ofthe developments in this complex field of practice.Loring and Rounds: A Trustee's Handbook is the gold standard andindispensable "go-to" resource for anyone seeking a comprehensive explanationof the vast tapestry of trust law. For over one hundred years it has been thebible for professionals and non-professionals, lawyers and non-lawyers whocreate, administer, and benefit from trusts.Also available on IntelliConnect . Call 888 -224 -7377 for moreinformation.
Book Synopsis Loring and Rounds: A Trustee's Handbook, 2019 Edition (IL) by : Rounds
Download or read book Loring and Rounds: A Trustee's Handbook, 2019 Edition (IL) written by Rounds and published by Wolters Kluwer. This book was released on 2018-12-17 with total page 1830 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook--well over 1,550 pages-- is regarded not only as authoritative but also as the most convenient, reliable, and complete single-volume source for trust doctrine. Get in-depth information on how to stay on top of the developments in this complex field of practice. The Handbook carries on the tradition of concise, practical, and up-to-date guidance for trustees, a tradition that began in 1898 with the First Edition. This classic trust reference distills the essence of trust law, illuminating the fundamental principles and answering the basic questions. Loring and Rounds: A Trustee's Handbook, 2019 Edition is up to date and includes eleven chapters of important information, such as chapters on: The Property Requirement The Trustee's Office Interests Remaining with the Settlor The Beneficiary The Trustee's Duties The Trustee's Liabilities Miscellaneous Topics of General Interest to the Trustee Special Types of Trusts The Income Taxation of Trusts Tax Basis/Cost of Trust Property Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2018 Edition, ISBN 9781454883883
Book Synopsis Loring and Rounds: A Trustee's Handbook, 2021 Edition by : Rounds
Download or read book Loring and Rounds: A Trustee's Handbook, 2021 Edition written by Rounds and published by Wolters Kluwer. This book was released on 2020-12-11 with total page 1884 pages. Available in PDF, EPUB and Kindle. Book excerpt: Loring and Rounds: A Trustee's Handbook is an invaluable practical resource that addresses the rights, duties, and obligations of the parties once the trustee takes title to trust property. This Handbook steers you through this complex field, providing property owners with a mechanism for seeing to the needs of beneficiaries in cost-effective, creative, efficient, and flexible ways. Loring and Rounds: A Trustee's Handbook is a handy, ready reference, and a gateway to the treatises, restatements, law review articles, uniform statutes, and cases you need to know. This fully integrated and bound volume of the 2021 Handbook brings you up to date on the latest cases, statutes, and developments, as well as new or updated discussion of topics as follow: The Handbook continues the lengthy process of pruning some of the deadwood; significant exposition has been cut, revised, or combined. In sum, the Handbook is now even leaner, meaner, and more usable than ever. In addition, numerous new cases and secondary sources have been added. These include the following: The 2021 Handbook fully covers the fourth income and principal act issued by the Uniform Law Commission, namely the Uniform Fiduciary Income and Principal Act (2018), otherwise known as UFIPA. UFIPA has been covered extensively in this edition and has been added in many separate sections. A new section covers remedies at law for breaches of trust, such as the tort of intentional interference with inheritance or acquisition by inter vivos transfer. In addition, the Handbook has been updated with 200+ new cases, including: Roth v. Jelley, holding that, when it comes to a judicial proceeding that could adversely affect the equitable property rights of a trust beneficiary,the beneficiary is entitled under the Due Process Clause of the Fourteenth Amendment to notice and an opportunity to be heard. This case also discusses the various consequences attendant to the failure to provide such notice. Hector v. Bank of N.Y. Mellon, where the court, having in part looked to the Restatement (Third) for guidance, held that the designated passive corporate trustee of a securitized fund of mortgage-backed notes would not be personally at fault, and therefore, not personally liable for any injuries to the tenants of a certain parcel of real estate, title to which the trustee had acquired via foreclosure, that might be occasioned by their exposure to lead paint in and about the premises. Murphy v. Trustee of Star Financial Bank, a case discussing the unfortunate linkage of survivorship and per stirpes: "to their surviving children per stirpes." The court held that the way in which "surviving" and "per stirpes" were linked rendered the provision itself ambiguous in that the "condition of survival negates the right of representation inherent in a per stirpes distribution." 2020 Tax Rates for Trusts and 2021 Projected Tax Rate Schedule for Trusts Note: Online subscriptions are for three-month periods. Previous Edition: Loring and Rounds: A Trustee's Handbook, 2020 Edition, ISBN 9781543818666
Book Synopsis Chinese Companies and the Hong Kong Stock Market by : Flora Xiao Huang
Download or read book Chinese Companies and the Hong Kong Stock Market written by Flora Xiao Huang and published by Routledge. This book was released on 2013-10-30 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Listing by companies from one country on the stock market of another country is a device often used both to raise capital in, and to increase bonding with, the target country. This book examines the listing by Chinese companies on the Hong Kong stock market. It discusses the extent of the phenomenon, compares the two different regulatory regimes, and explores the motivations for the cross-listing. It argues that a key factor, in addition to raising capital and bonding with the Hong Kong market, is Chinese companies’ desire to encourage legal and regulatory reforms along Hong Kong lines in mainland China, in order to develop and open up China’s domestic capital markets.
Book Synopsis Enforcement of Corporate and Securities Law by : Robin Hui Huang
Download or read book Enforcement of Corporate and Securities Law written by Robin Hui Huang and published by Cambridge University Press. This book was released on 2017-09-28 with total page 553 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles the world's most authoritative specialists for a comparative analysis of the enforcement of corporate and securities laws in thirteen national jurisdictions. It examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective.
