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...
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 hav...
This collection assembles the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and historical relationship between English Equity and the law of trusts, the volume also addresses new and comparative perspectives on the subject, bringing together common law and civil law, doctrinal scholarship and socio-legal analysis, historical approaches to Equity and functional ones. The collection compiles a wide range of authors and outlooks ranging from Frederic Maitland to recent scholarship on fiduciary obligations and discretionary trusts,...
This collection assembles the most important and influential papers in the field of Equity and Trusts. While taking seriously the intimate and histori...