Extending The Boudaries Of Trust And Similar Ring Fenced Funds
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Extending The Boudaries Of Trust And Similar Ring Fenced Funds
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Author : David Hayton
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2002-07-19
Extending The Boudaries Of Trust And Similar Ring Fenced Funds written by David Hayton 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 2002-07-19 with Law categories.
Virtually every jurisdiction today is busy developing private international law rules to deal with trusts and similar ring-fenced structures. With the increasing impact of globalisation, business interests throughout the world are intent on maximising the potential of such structures for raising funds, lowering risks, and cutting costs. As a result, numerous complex issues involving the traditional categories of settlor, beneficiary, and fiduciary are being radically transformed. Extending the Boundaries of Trusts and Similar Ring-Fenced Funds offers valuable analyses, by sixteen well-known authorities in the field, of a broad range of trust-related issues. The many important insights in this book reveal the workings of such issues as the following: the disappearing divergence between common law and civil law jurisdictions in the matter of trusts; using the segregated fund concept to manage the risk of insolvency; the demise of the "amateur trustee" in the charitable trust sector; why loss to the fund supersedes particular losses of beneficiaries; the legal dimensions of hiding ownership by "giving" property to trustees; the intervention of public policy in questions of perpetuity; the selective imposition of OECD and FTF transparency initiatives on offshore jurisdictions; and "policing" of trustee behaviour by beneficiaries. Lawyers, bankers, and others dealing with investment and business finance will find much information as well as food for thought in this fascinating book, as will those involved in the traditional trust industry, whether as trustees or lawyers or fund managers. Most of the essays in this outstanding thematic collection were originally prepared for presentation at a conference held in 2001 at King's College London.
The Modern Cy Pr S Doctrine
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Author : Rachael Mulheron
language : en
Publisher: Routledge
Release Date : 2016-04-08
The Modern Cy Pr S Doctrine written by Rachael Mulheron and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-08 with Law categories.
It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
Asia Pacific Trusts Law Volume 1
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Author : Ying Khai Liew
language : en
Publisher: Bloomsbury Publishing
Release Date : 2021-08-26
Asia Pacific Trusts Law Volume 1 written by Ying Khai Liew and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Law categories.
At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.
Trusts And Patrimonies
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Author : Remus Valsan
language : en
Publisher: Edinburgh University Press
Release Date : 2015-06-17
Trusts And Patrimonies written by Remus Valsan and has been published by Edinburgh University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-06-17 with Law categories.
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.
The Worlds Of The Trust
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Author : Lionel Smith
language : en
Publisher: Cambridge University Press
Release Date : 2013-08-22
The Worlds Of The Trust written by Lionel Smith 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 2013-08-22 with Law categories.
This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.
Trusts Law
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Author : Graham Moffat
language : en
Publisher: Cambridge University Press
Release Date : 2009-09-03
Trusts Law written by Graham Moffat 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 2009-09-03 with Law categories.
This classic textbook brings a modern perspective to the study of the law of equity. Its hallmark contextualized approach and commercial focus will help students understand the subject, and the authors' commentary on the factors informing trusts law allows students to confidently grapple with complex ideas.
Moffat S Trusts Law
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Author : Jonathan Garton
language : en
Publisher: Cambridge University Press
Release Date : 2020-05-14
Moffat S Trusts Law written by Jonathan Garton 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 2020-05-14 with Law categories.
Combines authoritative commentary and unique contextual analysis to explain the general principles of trusts and their practical operation.
Philosophical Foundations Of The Law Of Express Trusts
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Author :
language : en
Publisher: Oxford University Press
Release Date : 2023-11-30
Philosophical Foundations Of The Law Of Express Trusts written by and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-11-30 with Law categories.
The trust is a highly popular mode of property-holding and one of the most important innovations in the law of equity. It presents the jurist with numerous conceptual, doctrinal, and ethical challenges. In addition to being used towards the pursuit of good, trusts have also been used for ill, and the interaction of trust law with other laws agitates received principles of justice, efficiency, and coherence in the law. Trust law remains, nevertheless, under-theorized. While its technical and doctrinal aspects have been studied intensively, the foundational questions to which they give rise have remained largely unexamined. This volume takes an important step towards filling this gap. The chapters in this book explore some of these quandaries with a view to initiating and encouraging further engagement and learning. They identify different challenges and adopt a variety of methodological approaches and perspectives towards their resolution, ranging from conceptual questions about what is 'the trust' and 'trusts law', chapters analysing the legal and/or moral statuses of each of the settlor, trustee, and beneficiary, to chapters questioning the moral foundations of different trusts and range of pursuits towards which parties have deployed them.
Great Debates In Equity And Trusts
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Author : Alastair Hudson
language : en
Publisher: Bloomsbury Publishing
Release Date : 2014-08-26
Great Debates In Equity And Trusts written by Alastair Hudson and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-08-26 with Law categories.
This textbook is an ambitious and engaging introduction to the more advanced writings on equity and trusts, primarily designed to allow students to 'get under the skin' of the topic and begin to build their critical thinking and analysis skills. Each chapter is structured around key questions and debates that provoke deeper thought and, ultimately, a clearer understanding. The aim of the book is therefore not to present a complete overview of theoretical issues in equity and trusts, but rather to illustrate the current debates which are currently going on among those working in shaping the area. The text features summaries of the views of notable experts on key topics and each chapter ends with a list of guided further reading.
Equity And Trusts
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Author : Alastair Hudson
language : en
Publisher: Routledge
Release Date : 2014-06-30
Equity And Trusts written by Alastair Hudson and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-06-30 with Law categories.
"Alastair Hudson's Equity and Trusts is an ideal textbook for undergraduate courses on the law of trusts and equitable remedies. It provides a clear, current and comprehensive account of the subject through which the author's enthusiasm and expertise shine through, helping to bring to life an area of the law which students often find challenging. This Eighth Edition contains an analysis of the Supreme Court decisions in Pitt v Holt, Futter v Futter, Jones v Kernott and Re Lehman Brothers (Europe) v CRC; and the decisions in FHR European Ventures v Mankarious, Armstrong v Winnington and Independent Trustee Services v GK Noble and Morris. It also includes coverage of all of the cases which have stemmed from the financial crisis; a new treatment of the Charities Act 2011 and of the Perpetuities and Accumulations Act 2009; as well as a new treatment of the law on bribery and secret profits; a full treatment of the law on super-injunctions; and analysis of many other new cases. Equity and Trusts remains the most comprehensive and up-to-date coverage of the law of Equity and Trusts, while still a lively and thoughtful account of the issues raised by it. This book has been cited as being authoritative in the courts of numerous countries"--