Commercial Trusts In European Private Law
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Commercial Trusts In European Private Law
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Author : Michele Graziadei
language : en
Publisher: Cambridge University Press
Release Date : 2005-11-03
Commercial Trusts In European Private Law written by Michele Graziadei and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-03 with Law categories.
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalization of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the volume presents cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law.
Commercial Trusts In European Private Law
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Author : Michele Graziadei
language : en
Publisher:
Release Date : 2013
Commercial Trusts In European Private Law written by Michele Graziadei and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of governing law) and specialized applications in particular fields (such as pensions and collective investment schemes). Produced with a team of over 20 contributors, it is the latest volume to appear from the Trent-based project The Common Core of European Private Law.The volume begins with a study of the history of comparative law scholarship in the field of trusts, situating the current work in the field and addressing the thorny issue of terminology. The comparative data are structured, according to the Common Core methodology, around hypothetical questions and responses from national reporters. The authors present comparative conclusions regarding the reports and a discussion of the issues raised for further study. The volume also includes an essay by Donovan Waters QC on the Hague Convention on the Law Applicable to Trusts and on their Recognition.
Commercial Trusts In European Private Law
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Author : Michele Graziadei
language : en
Publisher: Cambridge University Press
Release Date : 2005-11-03
Commercial Trusts In European Private Law written by Michele Graziadei and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005-11-03 with Law categories.
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
Fundamental Texts On European Private Law
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Author : Oliver Radley-Gardner
language : en
Publisher: Bloomsbury Publishing
Release Date : 2003-10-31
Fundamental Texts On European Private Law written by Oliver Radley-Gardner and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-10-31 with Law categories.
Among the most significant legal developments of our time is the emergence of a European private law. The European Union enacts directives which profoundly affect the practice,teaching and study of core areas of 'classical' private law. Internationally commissions have formulated principles of European trusts, contract and commercial law. Furthermore, uniform private law can be found in a number of international conventions. This book gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. Fully updated, it contains the recent directives in the areas of E-Commerce, Electronic Signatures and Late Payments. It also makes available for the first time English language versions of a number of texts by international commissions. This book is a sister volume to the original German and the subsequent Spanish version. With full references to the implementation of the directives in Denmark, EIRE, Finland, Sweden and the United Kingdom, this book will be a useful resource for practitioners, students and teachers working in the field of European private law.
Fundamental Texts On European Private Law
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Author : Oliver Radley-Gardner
language : en
Publisher: Hart Publishing
Release Date : 2003
Fundamental Texts On European Private Law written by Oliver Radley-Gardner and has been published by Hart Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Law categories.
Among the most significant legal developments of our time is the emergence of a European private law. The European Union enacts directives which profoundly affect the practice,teaching and study of core areas of 'classical' private law. Internationally commissions have formulated principles of European trusts, contract and commercial law. Furthermore, uniform private law can be found in a number of international conventions. This book gathers together fundamental texts from these three sources into one convenient volume. Its emphasis is on general civil and commercial law, particularly on the obligations and property aspects of these. Fully updated, it contains the recent directives in the areas of E-Commerce, Electronic Signatures and Late Payments. It also makes available for the first time English language versions of a number of texts by international commissions. This book is a sister volume to the original German and the subsequent Spanish version. With full references to the implementation of the directives in Denmark, EIRE, Finland, Sweden and the United Kingdom, this book will be a useful resource for practitioners, students and teachers working in the field of European private law.
European Private Law Current Status And Perspectives
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Author : Reiner Schulze
language : en
Publisher: Walter de Gruyter
Release Date : 2011-03-30
European Private Law Current Status And Perspectives written by Reiner Schulze and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-03-30 with Law categories.
Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.
Principles Of European Trust Law
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Author : David J. Hayton
language : en
Publisher:
Release Date : 1999-01-01
Principles Of European Trust Law written by David J. Hayton and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-01-01 with Trusts and trustees categories.
Since the ratification of the Hague Trust Convention by the Netherlands & Italy, the question of whether civil law countries ought to have a trust or a legal institution resembling it has gained importance. The Business & Law Research Centre at the University of Nijmegen founded an international working group of experts in the field of trust law in 1996. This group developed eight principles of European trust law designed to facilitate transactions within European jurisdictions, to enable countries to recognise the potential for the development of new domestic legal concepts & to provide guidance as to how these developments can be framed in different legal & socio-economic contexts. This book provides a detailed analysis of these principles both from a common law & a civil law point of view. In particular, the national reports give an overview of the current law relating to trusts & fiduciary relationships and, in the case of civil law jurisdictions, whether the trust concept can be incorporated in the domestic legal systems on the basis of the eight principles.
Modern International Developments In Trust Law
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Author : David Hayton
language : en
Publisher: Springer
Release Date : 1999-03-10
Modern International Developments In Trust Law written by David Hayton and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-10 with Law categories.
This book is concerned with the development of the trust idea in common law jurisdictions, whether mainland or offshore, and in civil law jurisdictions. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts, about which little has been written. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the Recognition of Trusts comes to be implemented. In this volume the work of leading trust scholars in Canada, England, the USA, Germany and Japan is brought together to explore key issues in trust law, until now not covered in any single resource: the full elasticity of the trust concept; the variety and significance of commercial or financial trusts; the scope for reforming trust law in various jurisdictions to make it more economically efficient in assisting in the preservation and generation of wealth; the potential for the development of a core trust concept in civil law jurisdictions as a special part of the law of obligations, without any need to create equitable proprietary interests in favour of beneficiaries. Modern International Developments in Trust Law will be of interest not only to academic trust lawyers and comparative lawyers, but to common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions.
The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe
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Author : Martijn Hesselink
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-10-16
The New European Private Law Vol 3 Essays On The Future Of Private Law In Europe written by Martijn Hesselink and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-10-16 with Law categories.
In The New European Private Law, Martijn W. Hesselink presents a revised and supplemented collection of essays written over the last five years on European private law. He argues that the creation of a common private law in Europe is not merely a matter of rediscovering the old ius commune or of neutrally establishing the present 'common core' which may be codified in a European Civil Code. Rather, it is a matter of making choices, some of which may be highly controversial. In this book he discusses some of the most important choices which will have to be made with regard to culture, principles, politics, models, rights, concepts and structure in the new European private law.
Trusts In Mixed Legal Systems
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Author : J. Michael Milo
language : en
Publisher:
Release Date : 2010
Trusts In Mixed Legal Systems written by J. Michael Milo and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with categories.
This is the introduction to a special issue of the European Review of Private Law on trusts in mixed jurisdictions. It considers to what extent mixed legal systems, such as those of Scotland, South-Africa and Quebec, can offer an attractive model for an international variant of trust. Two recent developments have increased the need to reconcile the Anglo-American trust with principles of civil law. The first is the overall tendency of unifying or harmonizing areas of private law, and especially commercial law, and therefore also trust laws, not only in Europe but also elsewhere. The second is the entry into force of The Hague Convention on the Law Applicable to Trusts and on their Recognition, which makes questions regarding the effect of trusts recognized in a civil jurisdiction imminent.