The Worlds of the Trust

Lionel Smith

• Publisher: Cambridge University Press
• Year: 2013
• Print ISBN:
  9781107032439
• eBook ISBN:
  9781107273313
• Topic: Law
• Subtopic: Comparative Law
• Index: Law

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.

Table of contents

• Contents
• Contributors
• Preface
• Note on translation
• 1 Trusts: the essentials
• 2 The civil law trust: a modality of ownership or an interlude in ownership?
• 3 How to square the circle? The challenge met by Swiss insolvency law in dealing with common law trusts
• 4 Can a modern legal system do without the trust?
• 5 Stateless trusts
• 6 The security fiducie in French law
• 7 The trustee: mainspring, or only a cog, in the French fiducie?
• 8 British colonial law and the establishment of family waqfs by Arabs in the Straits Settlements, 1860-1941
• 9 Zionist settlers and the English private trust in Mandate Palestine
• 10 Jurisprudential milestones in the development of trust law in South Africa's mixed legal system
• 11 The framing of a European law of trusts
• 12 The dilution of the trust
• 13 The compatibility of the trust with the civil law notion of property
• 14 Categorically different: unintended consequences of trust taxonomy
• 15 Why civil law countries might forego the individual trustee: provocative insights from the new-to-the-fold
• 16 The contribution of fiduciary law
• 17 Convergence and divergence in the worlds of the trust: duties and liabilities of trustees under the Chinese trust
• 18 Trust law as fiduciary governance plus asset partitioning
• 19 Parallels between the civilian separate patrimony, real subrogation and the idea of property in a trust fund
• 20 Rights against rights and real obligations
• 21 The trust and its civilian analogues
• 22 Up there in the Begriffshimmel?
• Index