Download or read book Trusts in Mixed Legal Systems written by John Michael Milo and published by . This book was released on 2001 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Trusts in Mixed Legal Systems written by J. Michael Milo and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the introduction to a special issue of the European Review of Private Law on trusts in mixed jurisdictions. It considers to what extent mixed legal systems, such as those of Scotland, South-Africa and Quebec, can offer an attractive model for an international variant of trust. Two recent developments have increased the need to reconcile the Anglo-American trust with principles of civil law. The first is the overall tendency of unifying or harmonizing areas of private law, and especially commercial law, and therefore also trust laws, not only in Europe but also elsewhere. The second is the entry into force of The Hague Convention on the Law Applicable to Trusts and on their Recognition, which makes questions regarding the effect of trusts recognized in a civil jurisdiction imminent.
Download or read book Mixed Legal Systems at New Frontiers written by E. Örücü and published by . This book was released on 2010 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide original views on and insight into mixed legal systems in general, and some mixed legal systems and ongoing mixes in particular. The hope is that the analyses to be found in the eleven contributions will be helpful for all who have a general interest in comparative law and a special interest in mixed legal systems.
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 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 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 Mixed Jurisdictions Worldwide written by Vernon Valentine Palmer and published by Cambridge University Press. This book was released on 2012-06-28 with total page 727 pages. Available in PDF, EPUB and Kindle. Book excerpt: This examination of the mixed jurisdiction experience makes use of an innovative cross-comparative methodology to provide a wealth of detail on each of the nine countries studied. It identifies the deep resemblances and salient traits of this legal family and the broad analytical overview highlights the family links while providing a detailed individual treatment of each country which reveals their individual personalities. This updated second edition includes two new countries (Botswana and Malta) and the appendices explore all other mixed jurisdictions and contain a special report on Cameroon.
Download or read book The Common Law Trust in the Modern World written by D. W. M. Waters and published by . This book was released on 1984 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Mixed Jurisdictions Worldwide written by Vernon V. Palmer and published by Cambridge University Press. This book was released on 2001-05-03 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Approximately 150 million people worldwide live in legal systems in which there is both a common law and a civil law content, yet there has been little comparative study of the experience of these 'mixed jurisdictions'. Here, the author considers these jurisdictions in a comparative framework, which includes their founding and raisons d'être, as well as the cultural divisions of the jurists and the evolutionary tendencies of their common and civil law components. In addition, he examines the internal contradictions between Anglo-American judicial institutions, methodologies and procedures, and the substantive civil law. The book argues that the legal systems of such far-flung and diverse cultures as the Philippines, Quebec, Scotland and South Africa have many unique and fruitful points of comparison. The conclusion is that these mixed jurisdictions form a closely related 'Third Legal Family' with cohesive traits and tendencies.
Download or read book Equity and Law written by John C. P. Goldberg and published by Cambridge University Press. This book was released on 2019-08 with total page 483 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. In this volume leading scholars assess the significance of the fusion of law and equity from comparative, doctrinal, historical and theoretical perspectives.
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: The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.
Download or read book Conceptualising Property Law written by Yaëll Emerich and published by Edward Elgar Publishing. This book was released on 2018-11-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conceptualising Property Law offers a transsystemic and integrated approach to common law and civil law property. Property law has traditionally been excluded from comparative law analysis, common law and civil law property being deemed irreconcilable. With this book, Ya'll Emerich aims to dispel the myth that comparison between these two systems of property is impossible. By establishing a dialogue between common law and civil law property, it becomes clear that the two legal traditions share common ground in the way that they address legal, cultural, and social issues related to property and wealth.
Download or read book Mixed Legal Systems in Comparative Perspective written by Reinhard Zimmermann and published by Juta and Company Ltd. This book was released on 2004 with total page 958 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume sets out to compare the effects of this historical development by assessing whether shared experience has led to shared law.
Download or read book Trusts and Patrimonies written by Remus Valsan and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This work 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. Focusing on the private law of England, Scotland, France, Quebec and the Netherlands, this book investigates 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 Cambridge Companion to Comparative Law written by Mauro Bussani and published by Cambridge University Press. This book was released on 2012-08-16 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book delves into the 'deeper structures' of the world's legal systems, where law meets culture, politics and socio-economic factors.
Download or read book Comparative legal systems written by Vincenzo Zeno-Zencovich and published by Roma TrE-Press. This book was released on 2019-03-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: La nuova edizione di questa Introduzione ai Sistemi giuridici comparati è stata aggiornata ed arricchita con una serie di illustrazioni seguendo il movimento del “Legal design”. Nel volume i sistemi giuridici sono visti come un insieme in cui ogni parte di essi è in relazione con le altre ed in un contesto globale con il quale sono in osmosi. Il volume è suddiviso in otto capitoli dedicati a: 1. Sistemi democratici. 2. Valori. 3. Il governo. 4. La dimensione economica. 5. Il ‘Welfare state’. 6. La repressione dei reati. 7. Giudici e giurisdizione. 8. Modelli per un mondo globalizzato.
