Download or read book The Problematic Structure of Management of Co Owned Properties in Turkish Law and Pursuance of Solutions written by Eylem Apaydin and published by Cambridge Scholars Publishing. This book was released on 2011-01-18 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical evaluation of the statutory framework for co-ownership regulations in Turkish law and it acquaints Turkish jurists with the existence of trust of land in English law. It is posited upon the argument that solutions to the problems observed in the administration and enjoyment of co-owned properties in Turkish law may be overcome by the introduction of a new institution, which is inspired by the trust mechanism in English law. This renders the existing Turkish regulation for the management of the co-owned properties outdated, unreasonably complex, and extremely artificial with some assumptions. After successfully establishing that the Turkish system is currently inadequate to provide an efficient system, this book provides the indications for a solution. Being aware of the limitations of the Turkish legal system and the restricted possibility of the direct reception of trust, this book examines to what extent the current institutions in Turkish law would replace the functions of trust in the context of co-ownership. This examination results in searching for a new system as it is concluded that any of the trust-like devices in the current Turkish law could not effectively and comprehensively serve the purposes that the English trust does. Therefore, this book suggests that a new mechanism, inspired by the English trust of land, would provide the required mechanisms for an efficient managerial system for co-owned properties. Rather than asserting to solely focus on a comprehensive new system, this book discusses the possible solutions and urges further research about the matter. Hence, the so-called alien system, trust of land, and its capability to provide an alternative but efficient and productive solution to the managerial problems of the co-owned properties, would be made familiar with the Turkish jurists.
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 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 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.
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 The Origins of the Trust written by Gilbert Paul Verbit and published by Xlibris Corporation. This book was released on 2002-09-09 with total page 333 pages. Available in PDF, EPUB and Kindle. Book excerpt: Frederic W. Maitland, the pre-eminent Anglo-American legal historian, said that the trust "perhaps forms the most distinctive achievement of English lawyers. It seems to us almost essential to civilization and yet there is nothing quite like it in foreign law." This book is an updating of Maitlands work, first looking at his suggested foreign sources for the trust -- Roman law, German (Salic) law, and Franciscan law. It then considers a source Maitland did not Islamic law and finds that the Islamic waqf is not only quite like the trust, but predated it by at least five hundred years.
Download or read book Comparative Law and Economics written by Ugo Mattei and published by University of Michigan Press. This book was released on 1997 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book links the study of comparative law with the study of law and economics
Download or read book Recueil des Cours Collected Courses Volume 252 1995 written by Academie de droit international and published by Martinus Nijhoff Publishers. This book was released on 1995-11-17 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: The Role of Substantive and Choice of Law Policies in the Formation and Application of Choice of Law Rules by L. BRILMAYER, Professor at New York University The Institution of the Trust in Civil and Common Law by D.W.M. WATERS, Professor at the University of Victoria, Canada. To access the abstract texts for this volume please click here
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 The Oxford Handbook of Fiduciary Law written by Evan J. Criddle and published by . This book was released on 2019 with total page 1028 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of Fiduciary Law provides a comprehensive overview of fiduciary law, explaining how fiduciary principles operate across diverse substantive fields and legal systems. Unparalleled in its breadth and depth of coverage, the Handbook represents an invaluable resource for practitioners, policymakers, scholars, and students of this essential field of law.
Download or read book Legal Transplants written by Alan Watson and published by University of Georgia Press. This book was released on 1993 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Transplants, one of the world's foremost authorities on legal history and comparative law puts forth a clear and concise statement of his controversial thesis on the way that law has developed throughout history. When it was first published in 1974, Legal Transplants sparked both praise and outrage. Alan Watson's argument challenges the long-prevailing notion that a close connection exists between the law and the society in which it operates. His main thesis is that a society's laws do not usually develop as a logical outgrowth of its own experience. Instead, he contends, the laws of one society are primarily borrowed from other societies; therefore, most law operates in a society very different from the one for which it was originally created. Utilizing a wealth of primary sources, Watson illustrates his argument with examples ranging from the ancient Near East, ancient Rome, early modern Europe, Puritan New England, and modern New Zealand. The resulting picture of the law's surprising longevity and acceptance in foreign conditions carries important implications for legal historians and sociologists. The law cannot be used as a tool to understand society, Watson believes, without a careful consideration of legal transplants. For this edition, Watson has written a new afterword in which he places his original study in the context of more recent scholarship and offers some new reflections on legal borrowings, law, and society.
Download or read book Trusteeship and the Management of Foundations written by Donald Young and published by Russell Sage Foundation. This book was released on 1969 with total page 167 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offers two extended essays by two eminent social scientists on trusteeship and foundation management. The first essay, by Dr. Moore, reflects the author's long interest in the relations between the economy and the society. He examines trusteeship as a combination and interrelation of three main principles: custodial relations, lay control, and the law of trusts. Dr. Young's essay, the longer and more pragmatic of the two, applies these principles to the actual management of philanthropic foundations. Dr. Young draws upon his experience as a president of two social science foundations in his discussion of both the old and new "proprietary" foundations.
Download or read book Legal Traditions of the World written by H. Patrick Glenn and published by Oxford University Press, USA. This book was released on 2010 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'a superb book' J South Pacific L --
Download or read book Explaining Constructive Trusts written by Gbolahan Elias and published by The Lawbook Exchange, Ltd.. This book was released on 2002 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerned with "rationalizing the rules" (Preface p. v) of constructive trusts, this reappraisal of the English law of trusts discounts two major existing theses regarding the rules (first, that, based on the North American experience, they should be considered as instruments of restitution; and second, that they are disorganized) and advances Elias' new thesis that "the rules should be regarded as instruments for the rational furtherance of three good aims: (1) making disponors abide by their dispositions...(2) making those who gain through loss to others give the gains up to those others...(3) making those who inflict losses on others repair those losses..." (Preface p. v).
Download or read book Principles of International Insolvency written by Philip R. Wood and published by Sweet & Maxwell. This book was released on 2007 with total page 1111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title covers the essentials of international insolvency with a very practical slant, providing the reader with a comparative overview of insolvency law and practice in the key jurisdictions of the world. The intention is to illustrate how the concepts and analyses raised throughout "The Law and Practice of International Finance" series may be applied in a real world setting
Download or read book Trust Law in Asian Civil Law Jurisdictions written by Lusina Ho and published by Cambridge University Press. This book was released on 2013-07-11 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses and compares Asian trust laws to critically evaluate Asian approaches to the reception of the trust.
Download or read book The First Part of the Institutes of the Laws of England written by Sir Edward Coke and published by . This book was released on 1832 with total page 908 pages. Available in PDF, EPUB and Kindle. Book excerpt:
