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The Hague Trusts Convention
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Book Synopsis The Hague Trusts Convention by : Jonathan Harris
Download or read book The Hague Trusts Convention written by Jonathan Harris and published by Bloomsbury Publishing. This book was released on 2002-05-04 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Book Synopsis The Hague Trusts Convention by : Jonathan Harris
Download or read book The Hague Trusts Convention written by Jonathan Harris and published by . This book was released on 2002 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts cross borders. When they do, real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for "trusts created voluntarily and evidenced in writing." It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Book Synopsis International Trust Laws by : Paolo Panico
Download or read book International Trust Laws written by Paolo Panico and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The settlor : reserved powers and private trust companies -- Beneficial interests : protection, forfeiture, and trust termination -- Disclosure of information to the eneficiaries and letters of wishes -- Trustees' dispositive powers and discretionary trusts -- The rule in Hastings-Bass, mistake, and rectification -- Trustee exemption clauses -- Trustee liability to third parties -- Trustees' remuneration, expenses, and indemnity -- Directed trusts and delegated trusts -- Protectors -- Firewall legislation -- Asset protection trusts -- Non-charitable purpose trusts -- Trusts without equity -- Quistclose trusts
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 The Elgar Companion to the Hague Conference on Private International Law by : Thomas John
Download or read book The Elgar Companion to the Hague Conference on Private International Law written by Thomas John and published by Edward Elgar Publishing. This book was released on 2020-12-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive Companion is a unique guide to the Hague Conference on Private International Law (HCCH). Written by international experts who have all directly or indirectly contributed to the work of the HCCH, this Companion is a critical assessment of, and reflection on, past and possible future contributions of the HCCH to the further development and unification of private international law.
Book Synopsis Trusts in Prime Jurisdictions by : Alon Kaplan
Download or read book Trusts in Prime Jurisdictions written by Alon Kaplan and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fourth edition features fully updated chapters plus new chapters on Jersey foundations, Quebec, Hong Kong, Singapore, Israel, what it means to be a fiduciary, Islamic (waqf) trusts, and trusts in relation to divorce, among others. The new edition, produced in association with STEP.
Book Synopsis Yearbook of Private International Law by : Andrea Bonomi
Download or read book Yearbook of Private International Law written by Andrea Bonomi and published by sellier. european law publ.. This book was released on 2009-04-17 with total page 760 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a very special volume of the Yearbook of Private International Law as it represents the celebration of the tenth anniversary of its first publication. It continues to provide interesting information on the future evolution in private international law. Contents includes: The New Lugano Convention on Jurisdiction and the Recognition and Enforcement of Judgments of 30 October 2007 . Commercial Agents under European Jurisdiction Rules . Grunkin-Paul and Beyond - A Seminal Case in the Field of International Family Law . The New Rome I / Rome II / Brussels I-Synergy . Rome I and Contracts on Intellectual Property . Rome I and Distribution Contracts . Rome I and Franchise Contracts . Rome I and Financial Market Contracts . Special Section on Maintenance Obligations.
Book Synopsis The International Trust by : David J. Hayton
Download or read book The International Trust written by David J. Hayton and published by Jordan Publishing (GB). This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The International Trust presents an in-depth analysis of a range of highly topical issues of great significance in the area of international trust law. Under the editorship of a leading trust law specialist, a team of eminent contributors have applied their expertise to addressing a range of subjects at the cutting edge of thinking in this area. Part I of the book contains the indispensable conflict of laws chapters, each now extensively updated by its original author. Part II covers a wide variety of issues crucial to trust advisers, each updated to take in the latest developments in areas including trusts and finance law, money laundering and trusts, protectors and purpose trusts. Part III contains chapters on Italy and China - jurisdictions in which recent trust law developments have generated considerable international interest. Part IV contains Professor Donovan Waters' notable chapter on the future of the trust fully updated by the author.
Book Synopsis The Hague Abduction Convention by : Jeremy D. Morley
Download or read book The Hague Abduction Convention written by Jeremy D. Morley and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Handling Hague abduction cases is challenging and fulfilling. Although Hague cases are tried very quickly, they still require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding of international child custody law in general and in particular, for U.S. practitioners, of the relationship between The Hague Convention and the Uniform Child Custody Jurisdiction & Enforcement Act. The Convention operates in the U.S. in ways that differ from those in other Hague countries. This is because of the federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the lack of a specialized group of judges who handle cases under the Convention, the uniform state legislation on child custody jurisdiction, and a host of other factors. When children are the subject of international family law disputes, the challenges are often great and emotions generally run high. Simply put, money can be divided but children cannot. This book is a must-have resource of any family law practitioner that wants to represent the best interests of his client and their heirs involved in a Hague case.
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.
Book Synopsis Principles of International Insolvency by : Philip R. Wood
Download or read book Principles of International Insolvency written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 1111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
Book Synopsis The Law Relating to Trusts and Trustees by : Arthur Underhill
Download or read book The Law Relating to Trusts and Trustees written by Arthur Underhill and published by Alpha Edition. This book was released on 2019-09-28 with total page 734 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book has been considered by academicians and scholars of great significance and value to literature. This forms a part of the knowledge base for future generations. So that the book is never forgotten we have represented this book in a print format as the same form as it was originally first published. Hence any marks or annotations seen are left intentionally to preserve its true nature.
Book Synopsis International Commercial Contracts by : Giuditta Cordero-Moss
Download or read book International Commercial Contracts written by Giuditta Cordero-Moss and published by Cambridge University Press. This book was released on 2014-05-29 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: Any practising lawyer and student working with international commercial contracts faces standardised contracts and international arbitration as mechanisms for dispute settlement. Transnational rules may be applicable, but national law is still important. Based on extensive practical experience, this book analyses international contract practice and its interaction with the various applicable sources: which role is played by the contractual regulation, which by national law, which by transnational sources, what is the interaction among these factors, and how does this all apply to contracts that refer disputes to international arbitration?
Book Synopsis Conflict of Laws and International Finance by : Philip R. Wood
Download or read book Conflict of Laws and International Finance written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 716 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is an exposition of 100 of the major cases, which have either created or illustrate well, the legal system as we know it today. The cases have been chosen primarily for illustrating important points of law in a large variety of legal disciplines
Book Synopsis Trusts and Modern Wealth Management by : Richard C. Nolan
Download or read book Trusts and Modern Wealth Management written by Richard C. Nolan and published by Cambridge University Press. This book was released on 2018-05-31 with total page 609 pages. Available in PDF, EPUB and Kindle. Book excerpt: New essays by leading figures from the judiciary, practicing lawyers and academics illuminating the worlds of trusts and wealth management.
Book Synopsis International Taxation of Trust Income by : Mark Brabazon
Download or read book International Taxation of Trust Income written by Mark Brabazon and published by Cambridge University Press. This book was released on 2022-06-30 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.
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.
