Download or read book Extending the Boudaries of Trust and Similar Ring Fenced Funds written by David Hayton and published by Kluwer Law International B.V.. This book was released on 2002-07-19 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Modern Cy pr s Doctrine written by Rachael Mulheron and published by Routledge. This book was released on 2016-04-08 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Moffat s Trusts Law written by Jonathan Garton and published by Cambridge University Press. This book was released on 2020-05-14 with total page 1085 pages. Available in PDF, EPUB and Kindle. Book excerpt: Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases – including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 – are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.
Download or read book Asia Pacific Trusts Law Volume 1 written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2021-08-26 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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 272 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.
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: This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.
Download or read book Trusts Law written by Graham Moffat and published by Cambridge University Press. This book was released on 2009-09-03 with total page 1200 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Philosophical Foundations of the Law of Express Trusts written by and published by Oxford University Press. This book was released on 2023-11-30 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Great Debates in Equity and Trusts written by Alastair Hudson and published by Bloomsbury Publishing. This book was released on 2014-08-26 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Equity and Trusts written by Alastair Hudson and published by Routledge. This book was released on 2014-06-30 with total page 1429 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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"--
Download or read book Principles of Equity and Trusts written by Alastair Hudson and published by Routledge. This book was released on 2021-11-24 with total page 773 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the second edition of Principles of Equity and Trusts , the concise new textbook from Alastair Hudson – the author of the definitive classic, Equity and Trusts. Through clear and careful analysis, the author explains what the law is, its foundational principles, and its social and economic effect. By beginning with the core principles on which this field is based, even the most complex academic debates concerning express, resulting and constructive trusts, the family home, charities law and other equitable doctrines become comprehensible and interesting. This book offers a fresh, lively and often humorous account of Equity and Trusts. Through easy-to-follow worked examples and analysis of the case law, Alastair helps you to answer problem questions and to prepare coursework. The author shows how the law affects real people in real situations. Each chapter begins with a clear and concise introduction to the core principles. It contains numbered headings for ease of navigation and advice on studying this subject. Students also have access to Professor Hudson’s ever-popular supporting website, which has had hundreds of thousands of hits over the years. It has over 50 brief podcasts on key issues which have been specially re-recorded to coincide with the publication of this book. That website also contains detailed lectures, a variety of videos explaining the law and guidance on tackling assessments. Characterised by the passion and enthusiasm for his subject matter that make Alastair Hudson’s classic textbook so popular, Principles of Equity and Trusts is sure to be a winner with both academics and students alike.
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.
Download or read book The Law of Trusts written by James Penner and published by Oxford University Press, USA. This book was released on 2014 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by a highly respected author, The Law of Trusts provides perceptive analysis and thought-provoking commentary, skilfully engaging with both controversial and complex issues. The text gives students an excellent grounding in what is considered to be a difficult subject.
Download or read book The Law of Loyalty written by Lionel Smith and published by Oxford University Press. This book was released on 2023-05-11 with total page 497 pages. Available in PDF, EPUB and Kindle. Book excerpt: This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge.
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.
Download or read book Dalhuisen on Transnational Comparative Commercial Financial and Trade Law Volume 2 written by Jan H Dalhuisen and published by Bloomsbury Publishing. This book was released on 2019-06-13 with total page 851 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the seventh edition of the leading work on transnational and comparative commercial, financial, and trade law, covering a wide range of complex topics in the modern law of international commerce, finance and trade. As a guide for students and practitioners it has proven to be unrivalled. The work is divided into three volumes, each of which can be used independently or as part of the complete work. Volume 2 deals with the transnationalisation of contract; movable and intangible property law; and the transformation of the models of contract and movable property in commercial and financial transactions between professionals in the international flow of goods, services, money, information, and technology. In this transnational legal order, the emphasis in the new law merchant or modern lex mercatoria of contract and movable property turns to risk management, asset liquidity, and transactional and payment finality. Common law and civil law concepts are compared and future directions indicated. The potential, effects, and challenges of the blockchain are noted, so far especially for the carriage of goods by sea. All three volumes may be purchased separately or as part of a single set.
Download or read book Estates Taxes and Professional Ethics written by International Academy of Estate and Trust Law. Conference and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: Part 1. Trusts and taxes Italian style. Introduction: Trusts--some observations from a civil law perspective / Maurizio Lupoi ; Trusts and company law--the Italian experience / Edoardo Andreoli ; Trusts and income taxes in Italy / Guglielmo Maisto ; Analysis of indirect taxation on transfers of trust property in Italy / Paolo Gaeta -- pt. 2. Death and gift taxes, including cross-border issues. Introduction: Overview and comparative reflections / Ian V. Gzell ; Special considerations in US-Canada estate planning / Wolfe D. Goodman ; Inheritance and gift taxes--France / Laurent G. Chambaz ; Death and gift taxes : a view from Switzerland / Richard F.G. Pease ; Death and gift taxes--United States / Erik J. Stapper -- pt. 3. Debate: Should Utopia introduce an inheritance tax? Introduction: To tax or not to tax : that was the debate / Barbara R. Hauser ; Estate tax : an argument in favor of working toward equality, justice and common sense through a system of estate taxation / Joseph Kartiganer and Michael Sedlaczek ; Death taxes : unfair and inefficient / Timothy G. Youdan ; Death taxes for Utopia? : a case in the negative / Jürgen Killius -- pt. 4. Ethical issues in estate planning. Introduction / Bruce S. Ross ; Ethical guidelines for the estates and trusts lawyer : the ACTEC commentaries on the Model Rules of Professional Conduct and notes on ethics 2000 / Bruce S. Ross ; Conflict of interest and professional obligations in estate and trust law : an English perspective / Michael Jacobs ; Conflict of interest and professional obligations in probate actions in Germany / Andreas Frieser ; Rules of conduct for estate planners and ethical issues in estate planning in The Netherlands / Hendrik M. Sasse.
