Trust Law in Asian Civil Law Jurisdictions: A Comparative Analysis

ISBN-13: 9781107023123 / Angielski / Twarda / 2013 / 317 str.

Lusina Ho

Opis

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 trusts 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; and 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 trusts researchers in Asia and the Anglophone world at large."

Spis treści

Part I. Overview: 1. Introduction; 2. Reception of the trust in Asia: a historical perspective; 3. Trust law in Japan: inspiring changes in Asia, 1922 and 2006; 4. Trust law in South Korea: developments and challenges; 5. Trust law in Taiwan: history, current features and future prospect; 6. Trust law in China: a critical evaluation of its conceptual foundation; Part II. Case Studies: 7. Case 1: creating, managing and terminating the management relationship; 8. Case 2: protecting ring-fenced assets against incompetence of the asset manager; 9. Case 3: protecting ring-fenced assets against disloyalty of the asset manager; 10. Case 4: distribution of property in the insolvency of the owner; 11. Case 5: protecting ring-fenced assets from the insolvency of the asset manager; 12. Case 6: misappropriation and unauthorised disposition by the asset manager; Part III. Conclusion: 13. Emerging principles of Asian trust law.