Download or read book I trusts in Italia oggi written by Ilaria Beneventi and published by . This book was released on 1996 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
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.
Download or read book Commercial Trusts in European Private Law written by Michele Graziadei and published by Cambridge University Press. This book was released on 2005-11-03 with total page 630 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Re imagining the Trust written by Lionel Smith and published by Cambridge University Press. This book was released on 2012-03-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.
Download or read book The Hague Trusts Convention written by Jonathan Harris and published by Bloomsbury Publishing. This book was released on 2002-05-04 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Download or read book Italian national reports to the XVth International Congress of Comparative Law Bristol 1998 written by and published by Giuffre. This book was released on 1998 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Brussels I Regulation written by Ulrich Magnus and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This commentary is the first full scale article-by-article commentary in English ever to address the Brussels I Regulation. It is truly European in nature and style. It provides thorough and succinct indepth analysis of every single article and offers most valuable guidance for lawyers, judges and academics throughout Europe. It is an indispensable working tool for all practitioners involved in this field of law. The Brussels I Regulation is by far the most prominent cornerstone of the European law of international civil procedure. Its imminence could be easily ascertained by every practitioner even remotely concerned with cross-border work in Europe. However arcane private international law in general might appear to practitioners – the Brussels I Regulation is a well-known and renowned instrument. A true first: - The first truly European commentary on the Brussels I Regulation, the fundamental Act for jurisdiction, recognition and enforcement throughout Europe - The first commentary on the Brussels I Regulation written by a team from all over Europe - The first article-by-article commentary on the Brussels I Regulation in English
Download or read book Tax Systems of UK and Italy written by International Fiscal Association. Meeting and published by EGEA. This book was released on 2002 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book Brussels I Regulation written by Alfonso-Luis Calvo Caravaca and published by sellier. european law publ.. This book was released on 2007 with total page 881 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title, part of the new European Commentaries on Private International Law series, is devoted to the Brussels I Regulation, dealing with jurisdiction and recognition of judgments in civil and commercial law matters. Contributors in the series include leading experts from almost all EU member states. The series initiates a new specific European style of commenting on European enactments merging the various, and thus far cross-national, methods of interpretation of legislative acts. Commentaries will pay tribute to the practice of the European Court of Justice and to relevant judgments of national courts as well. Moreover, the needs of practitioners and the requirements of the practice will receive particular attention.
Download or read book Introduction to Italian Law written by Jeffrey Lena and published by Springer. This book was released on 2002-03-06 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduction to the Laws.....Series Volume 4 This is a methodologically advanced introduction to the main features of the Italian Legal System. Its eighteen chapters cover all the significant changes and innovations that have recently taken place, including: a new system of private international law; a greatly altered and expanded body of family law; a new code of criminal procedure; fundamental changes in civil procedure; the effects of European legislation on Italian municipal law; the reformation of administrative law; and the latest computer-assisted research tools and techniques used to research Italian law. Written for academics and lawyers alike, this book is an indispensable tool for those wishing to grasp the context of Italian legal activity. Written by Italian experts at the top of their respective fields, An Introduction to Italian Law is a readable yet technically sophisticated and critical discussion of the systemic features that make the Italian legal system a landmark of the civil law tradition.
Download or read book Comparative Property Law written by Michele Graziadei and published by Edward Elgar Publishing. This book was released on 2017-01-27 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Property Law provides a comprehensive treatment of property law from a comparative and global perspective. The contributors, who are leading experts in their fields, cover both classical and new subjects, including the transfer of property, the public-private divide in property law, water and forest laws, and the property rights of aboriginal peoples. This Handbook maps the structure and the dynamics of property law in the contemporary world and will be an invaluable reference for researchers working in all domains of property law.
Download or read book Boundaries of Personal Property written by Arianna Pretto-Sakmann and published by Bloomsbury Publishing. This book was released on 2005-08-15 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study of the boundaries of personal property has an inward and an outward perspective, with the intellectual emphasis on the latter. The inward-looking inquiry considers shares as items of personal property. Nowadays those who think of themselves as shareholders often stand one step removed from the share itself. They hold what this book christens a sub-share. This part of the book asks in what sense shares and sub-shares can be conceived to be things, how those things are alienated, and how they are protected in litigation. The outward-looking inquiry then asks whether personal property can be contemplated as a sub-category of the law of things and, more particularly, as the law of all things locatable in space, alienable, or vindicable in court. The outward inquiry considers three boundaries. Within the law of property the line between realty and personalty proves relatively uncontroversial; the second boundary lies between property and obligations; the third between wealth and non-wealth. The second boundary is the main concern. Respect for it necessitates a differentiation between the law of property in the strict sense and the all-encompassing law of wealth, even where the consequence might be to exclude shares and sub-shares from the law of property. In maintaining the value of careful proprietary taxonomy and in reviving the underlying concepts on which it depends, this book opposes modern scepticism as to the possibility and desirability of precision in legal classification. In these commitments it could fairly be styled a post-modern study of personal property. Winner of the SLS Birks Prize for Outstanding Legal Scholarship 2006 - Second Prize.
Download or read book Comparative studies in continental and Anglo American legal history written by and published by . This book was released on 1998 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Convenzione Italia USA contro le doppie imposizioni written by Carlo Garbarino and published by . This book was released on 2001 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analysis of the Italy-USA double tax convention, concluded in Washington on 29 August 1999. Due to the continuous references to the former 1984 convention, it is also possible to appreciate the evolution of the two tax systems.
Download or read book Itinera Fiduciae written by R. H. Helmholz and published by Comparative Studies in Continental and Anglo-American Legal History. This book was released on 1998 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: A person may hold property for a variety of purposes. The most common situation is that he wants to use and enjoy it for his own benefit. But he may also have agreed to administer the property either for the benefit of someone else or to further some particular purpose. Thus, in a broad and untechnical sense of the word, he may hold it "in trust". This kind of arrangement has been resorted to for many different reasons, both legitimate and illegitimate. From very early on, European legal systems have been faced with the need to establish rules and, eventually, institutions to deal with the resulting legal problems. Fiducia, fideicommissum, Treuhand, foundation, executorship and, of course, the trust: they all provided, at some time or other and in some place or other, the legal framework that was required.The present volume attempts to present a comparative historical analysis of these devices. It seeks to trace the paths of the idea of "holding for others" or of holding property in a fiduciary capacity: itinera fiduciae. And it comes to the conclusion that historical connections can be drawn between the English trust and the Continental legal tradition. The common features and the common sources evident on both sides of the Channel mean that no wall of incomprehension separated the English trust from analogous institutions on the Continent. On this account, Otto von Gierke's often quoted remark to F. W. Maitland ("I do not understand your law of trusts") gives a misleading impression. If, as seems to be happening today, modern European law incorporates the trust, there is much to suggest that it will be building upon historical foundations.
