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Trust And Patrimony
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Book Synopsis Trust and Patrimony by : Lionel Smith
Download or read book Trust and Patrimony written by Lionel Smith and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The French jurist Pierre Lepaulle argued that the common law trust could be best understood, in civilian terms, as a patrimony by appropriation. This argument has been influential in some civilian receptions of the trust. In fact, Lepaulle misunderstood the nature of the common law trust, which is founded on the obligations owed by the trustee in relation to the trust property. The rights of beneficiaries in the common law trust are neither purely personal rights against the trustee, nor are they real rights in the trust property, but rather they are rights over the rights which the trustee holds as trust property; they have a proprietary character since they persist against many third party transferees of the trust property. This analysis of the common law trust leads to the conclusion that it would be a fundamental change to turn the common law trust into a legal person. More generally, it is argued that any legal system that characterizes the trust as a legal person will find that it has ceased to understand the trust as a fundamental legal institution.
Book Synopsis Trusts and Patrimonies by : Remus Valsan
Download or read book Trusts and Patrimonies written by Remus Valsan and published by Edinburgh University Press. This book was released on 2015-06-17 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing on the private law of England, Scotland, France, Quebec and the Netherlands, 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.
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 The Economic Structure of Trusts by : M. W. Lau
Download or read book The Economic Structure of Trusts written by M. W. Lau and published by Oxford University Press. This book was released on 2011-01-13 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an economic account of why trusts exist and how trust law should be shaped, this book explains the economic benefits of trusts as an extension of the law of property, arguing against accounts of trusts law grounded in the law of personal obligations. The theoretical model is then used to criticise recent developments in the law.
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.
Download or read book Trusts written by Maurizio Lupoi and published by Cambridge University Press. This book was released on 2000 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative study covering three models of trust : the English, the international and the civilian. More than forty countries are examined and a unified theory of trusts is submitted. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law.
Book Synopsis Trusts in Latin America by : Nicolas Malumian
Download or read book Trusts in Latin America written by Nicolas Malumian and published by Oxford University Press. This book was released on 2009-10-16 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing interest in investment in Latin America - particularly in commodities production and real estate development - has increased the use of trusts as investment vehicles throughout Latin America. Written for the English-speaking practitioner, the book covers Argentina, Belize, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, México, Panamá, Paraguay, Perú, Uruguay and Venezuela and provides a practical, clear, and thorough explanation of trusts as legal vehicles for investment in Latin American countries. Trusts in Latin America provides a comprehensive, comparative review of statutes, case law, and examples of trusts in Latin America, and also highlights differences between these countries and common-law systems.
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 2019-05-02 with total page 417 pages. Available in PDF, EPUB and Kindle. Book excerpt: This 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 and will appeal to international tax practitioners, administrators, policymakers, academics, and students.
Book Synopsis Property, Trusts and Succession by : George Gretton
Download or read book Property, Trusts and Succession written by George Gretton and published by Bloomsbury Publishing. This book was released on 2017-08-11 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title provides full coverage of the property, trusts and succession parts of the LLB syllabus in Scotland in one convenient volume. The relevant rules of statute and common law are surveyed and frequent examples used, making this a highly practical and accessible text. Key contents include: Personal and real rights, and types of property; Ownership and how it is transferred; Land registration; Possession; Subordinate real rights, including servitudes, real burdens, leases and securities; Proper and improper liferents; Trusts: constitution, administration and termination; Testate succession; Intestate succession; Execution of documents; Human rights; Appendix on the feudal system. Whilst aimed primarily at undergraduates, this important title will also prove a useful source of reference to practitioners seeking an introduction to this area of law.
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 Patrimony and Law in Renaissance Italy by : Thomas Kuehn
Download or read book Patrimony and Law in Renaissance Italy written by Thomas Kuehn and published by Cambridge University Press. This book was released on 2022-03-03 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Family was a central feature of social life in Italian cities. This wide-ranging volume explores patrimony in legal thought and how family property was inherited, managed and shared legally and its central role in Renaissance Italy.
Book Synopsis Discussion Paper on Breach of Trust by : Scottish Law Commission
Download or read book Discussion Paper on Breach of Trust written by Scottish Law Commission and published by Stationery Office/Tso. This book was released on 2003-01-01 with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discussion paper looks at trustees and their powers and duties and examines breaches of trust. It is part of an ongoing programme examining trust law as applicable in Scotland. The definition of "trust" and "trustee" is derived from the Trusts (Scotland) Acts 1921 and 1961, it covers the appointment of a "trustee" by a court to administer and manage property when there is no other available person to do so. Breaches of trust by the trustee cover: acting outside their authority; failing to carry out their duties by omission, or what they owe as fiduciaries to their beneficiaries. The paper also examines what constitutes personal liability in these areas. The "dual patrimony" theory is adopted for the purposes of the discussion of these issues. It emphasises the separation of the trust property and personal property held by the trustee. Trust law relates to voluntary trusts, both public and private. The Commission states that trust law is not in need of comprehensive or radical reform, with most trust law resting on common law. Despite this view the Commission, in an earlier report, recommended the repeal of the Trustee Investments Act 1961, and further examination of the need for the 1921 Act , which reflects the practice and customs of Victorian times.
Book Synopsis Trusts in Mixed Legal Systems by : John Michael Milo
Download or read book Trusts in Mixed Legal Systems written by John Michael Milo and published by . This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Patrimony written by Philip Roth and published by Random House. This book was released on 1992 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is novelist Philip Roth's account of his 86-year-old father's last year. Suffering from a brain tumour and fighting death, Herman is accompanied through each fearful stage of his final ordeal by his son, who, marvelling at his father's long, stubborn engagement with life, recounts a relationship full of love and dread. Conspicuous throughout the book are Herman's tough integrity and moments of humour, but it is also an intensely painful story, as Philip Roth has to decide whether or not to terminate his father's life.
Book Synopsis Conceptualising Property Law by : Yaëll Emerich
Download or read book Conceptualising Property Law written by Yaëll Emerich and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Book Synopsis Federal Historic Preservation Laws by : United States
Download or read book Federal Historic Preservation Laws written by United States and published by . This book was released on 1993 with total page 102 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Management of Trust Property by : Old Colony Trust Company (Boston, Mass.)
Download or read book The Management of Trust Property written by Old Colony Trust Company (Boston, Mass.) and published by . This book was released on 1904 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
