Download or read book Trusts Law written by Graham Moffat and published by Cambridge University Press. This book was released on 2005-09-29 with total page 1110 pages. Available in PDF, EPUB and Kindle. Book excerpt: With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Download or read book Rationalising Constructive Trusts written by Ying Khai Liew and published by Bloomsbury Publishing. This book was released on 2017-09-21 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole-as opposed to specific doctrines or particular aspects of constructive trusts-have been few and far between. Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines? From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.
Download or read book Trends in Contemporary Trust Law written by A. J. Oakley and published by Oxford University Press. This book was released on 1996 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.
Download or read book The Commercial Uses of Trusts written by Ruiqiao Zhang and published by Bloomsbury Publishing. This book was released on 2024-10-31 with total page 173 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a systematic and critical analysis of the role trusts play in modern commercial markets. Commercial trusts are complex and ever-evolving, and a reassessment of the traditional legal norms relating to them is much needed in order to provide new doctrinal insights. The book does just that: focusing on trusts in the UK, while drawing on developments in European jurisdictions and in China. It presents a thought-provoking assessment and a unified understanding of commercial trusts.
Download or read book Multistate and Multinational Estate Planning written by Jeffrey A. Schoenblum and published by CCH. This book was released on 2008 with total page 2890 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Practice Notes on Wills written by David Chatterton and published by Cavendish Publishing. This book was released on 2001-03-30 with total page 123 pages. Available in PDF, EPUB and Kindle. Book excerpt: This fourth edition follows the format of previous editions, but is updated to take into account significant new cases and legislation, including the Trusts of Land and the Appointment of Trustees Act 1996 and the Trustee Delegation Act 1999. It also deals in depth with the Trustee Bill 2000.
Download or read book Socially Responsible Finance and Investing written by H. Kent Baker and published by John Wiley & Sons. This book was released on 2012-08-31 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed look at the role of social responsibility in finance and investing The concept of socially responsible finance and investing continues to grow, especially in the wake of one of the most devastating financial crises in history. This includes responsibility from the corporate side (corporate social responsibility) as well as the investor side (socially responsible investing) of the capital markets. Filled with in-depth insights and practical advice, Socially Responsible Finance and Investing offers an important basis of knowledge regarding both the theory and practice of this ever-evolving area of finance. As part of the Robert W. Kolb Series in Finance, this book showcases contributed chapters from professionals and academics with extensive expertise on this particular subject. It provides a comprehensive view of socially responsible foundations and their applications to finance and investing as determined by the current state of research. Discusses many important issues associated with socially responsible finance and investing, like moral hazard and the concept of "too big to fail" Contains contributed chapters from numerous thought-leaders in the field of finance Presents comprehensive coverage starting with the basics and bringing you through to cutting-edge, current theory and practice Now more than ever, we need to be mindful of the social responsibilities of all investment practices. The recent financial crisis and recession has changed the financial landscape for years to come and Socially Responsible Finance and Investing is a timely guide to help us navigate this difficult terrain.
Download or read book Fiduciary Law and Responsible Investing written by Benjamin J. Richardson and published by Routledge. This book was released on 2013-08-21 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about fiduciary law’s influence on the financial economy’s environmental performance, focusing on how the law affects responsible investing and considering possible legal reforms to shift financial markets closer towards sustainability. Fiduciary law governs how trustees, fund managers or other custodians administer the investment portfolios owned by beneficiaries. Written for a diverse audience, not just legal scholars, the book examines in a multi-jurisdictional context an array of philosophical, institutional and economic issues that have shaped the movement for responsible investing and its legal framework. Fiduciary law has acquired greater influence in the financial economy in tandem with the extraordinary recent growth of institutional funds such as pension plans and insurance company portfolios. While the fiduciary prejudice against responsible investing has somewhat waned in recent years, owing mainly to reinterpretations of fiduciary and trust law, significant barriers remain. This book advances the notion of ‘nature’s trust’ to metaphorically signal how fiduciary responsibility should accommodate society’s dependence on long-term environmental well-being. Financial institutions, managing vast investment portfolios on behalf of millions of beneficiaries, should manage those investments with regard to the broader social interest in sustaining ecological health. Even for their own financial self-interest, investors over the long-term should benefit from maintaining nature’s capital. We should expect everyone to act in nature’s trust, from individual funds to market regulators. The ancient public trust doctrine could be refashioned for stimulating this change, and sovereign wealth funds should take the lead in pioneering best practices for environmentally responsible investing.
Download or read book Understanding the Law of Assignment written by C. H. Tham and published by Cambridge University Press. This book was released on 2019-10-17 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how intangible assets such as contractual debts or equitable entitlements may be assigned under English law.
Download or read book Modern Studies in Property Law Volume 8 written by Warren Barr and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of peer-reviewed papers presented at the Tenth Biennial Modern Studies in Property Law Conference held at the University of Liverpool in April 2014. It is the eighth volume to be published under the name of the Conference. The Conference and its published proceedings have become an established forum for property lawyers from around the world to showcase current research in the discipline. This collection reflects the diversity and contemporary relevance of modern research in property law. Incorporating a keynote address by Sir John Mummery, retired Lord Justice of Appeal, on 'Property in the Information Age', a number of chapters consider the contribution of property law to issues central to the human condition; the home, health and death. Other papers illustrate an enduring need to question and explore fundamental concepts of the subject as well as to consider the challenges of reforming the law. Collectively the chapters demonstrate the vibrancy and importance of property law in dealing with modern concerns across the common law world.
Download or read book Parker and Mellows written by A. J. Oakley and published by . This book was released on 2008 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: An accessible and current guide to the legal aspects and overall functioning of trusts. This new and updated edition incorporates recent case law and major legislative changes, and will be of particular interest to teachers and students at undergraduate level, vocational students and practitioners.
Download or read book Moffat s Trusts Law written by Jonathan Garton and published by Cambridge University Press. This book was released on 2015-08-13 with total page 1181 pages. Available in PDF, EPUB and Kindle. Book excerpt: Detailed, thorough and authoritative new edition of Moffat's Trusts Law.
Download or read book Restitution in Private International Law written by George Panagopoulos and published by Bloomsbury Publishing. This book was released on 2000-11-17 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This important new book fills a large gap in legal literature by examining restitution in private international law,including both the jurisdiction and choice of law questions facing restitutionary claims with international elements. The book begins with a brief summary of the English domestic law of restitution and highlights some of the issues which may arise. It goes on to examine classification, or characterisation of restitutionary claims.. Restitution has a theoretical unity which enables the author to treat it essentially as a single issue for characterisation purposes. However, restitutionary claims arise in the context of contracts and wrongs; they may be at law or in equity; they may give rise to personal or proprietary remedies, whilst they may be contingent on tracing. Each of these contexts is analysed separately for the purposes of characterisation. The central part of the book examines the choice of law rule for restitutionary issues, and reviews the different approaches adopted in the US and UK and in other parts of the common law world. After weighing the merits of the different approaches the author adopts a choice of law rule for restitutionary issues which is the proper law of the unjust factor. Depending on whether the unjust factor is event-based or law-based, the choice of law rule will focus on either the law of the place, or alternatively, the legal system with which the unjust factor has its closest and most real connection. Jurisdiction is an area of increasing importance in private international law and the book provides a thorough analysis of the topic of jurisdiction for restitutionary claims, both under the Brussels Convention as well as the traditional common law rules contained in the Civil Procedure Rules. This is an important and timely new work for all lawyers interested in restitution, private international law and international commercial litigation.
Download or read book Under Household Government written by M. Michelle Jarrett Morris and published by Harvard University Press. This book was released on 2013-01-07 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Seventeenth-century New Englanders were not as busy policing their neighbors’ behavior as Nathaniel Hawthorne or many historians of early America would have us believe. Keeping their own households in line occupied too much of their time. Under Household Government reveals the extent to which family members took on the role of watchdog in matters of sexual indiscretion. In a society where one’s sister’s husband’s brother’s wife was referred to as “sister,” kinship networks could be immense. When out-of-wedlock pregnancies, paternity suits, and infidelity resulted in legal cases, courtrooms became battlegrounds for warring clans. Families flooded the courts with testimony, sometimes resorting to slander and jury-tampering to defend their kin. Even slaves merited defense as household members—and as valuable property. Servants, on the other hand, could expect to be cast out and left to fend for themselves. As she elaborates the ways family policing undermined the administration of justice, M. Michelle Jarrett Morris shows how ordinary colonists understood sexual, marital, and familial relationships. Long-buried tales are resurrected here, such as that of Thomas Wilkinson’s (unsuccessful) attempt to exchange cheese for sex with Mary Toothaker, and the discovery of a headless baby along the shore of Boston’s Mill Pond. The Puritans that we meet in Morris’s account are not the cardboard caricatures of myth, but are rendered with both skill and sensitivity. Their stories of love, sex, and betrayal allow us to understand anew the depth and complexity of family life in early New England.
Download or read book Commonwealth Caribbean Law of Trusts 2 e written by and published by Cavendish Publishing. This book was released on 2002 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text provides students with an introduction to the basic principles of the Commonwealth Caribbean law of trusts as exemplified by the West Indian perspective.
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 Capital and Income in Trusts written by Great Britain. Law Commission and published by The Stationery Office. This book was released on 2009 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: Trusts are important to the national economy and provide a range of benefits to individuals and charitable purposes. This project affects charitable and private trusts which are set up in a way which distinguishes capital and the income it produces. The project was referred to the Law Commission as a result of concerns about current trust law raised during the passage of the most recent piece of trust legislation - the Trustee Act 2000 - through Parliament. The Law Commission was asked to consider, in particular, the rules governing the classification of trust receipts as income and capital, the circumstances in which trustees must apportion receipts and outgoings between income and capital, and the rights and duties of charity trustees in relation to investment returns on a charity's permanent endowment. In its report, the Commission recommends the abolition of the equitable and statutory rules of apportionment for all new trusts and the introduction of a new rule of classification for tax-exempt corporate demergers. It also recommends a new statutory provision that will make total return investment more easily accessible to charitable trusts with a permanent endowment. These recommendations follow extensive consultation (Consultation paper 175, 2004, ISBN 9780117302617) and have been welcomed by the Trust Law Committee.
