Commercial Trusts In European Private Law
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Author | : Michele Graziadei |
Publisher | : Cambridge University Press |
Total Pages | : 630 |
Release | : 2005-11-03 |
Genre | : Law |
ISBN | : 9780521849197 |
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalization of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the volume presents cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law.
Author | : Michele Graziadei |
Publisher | : Cambridge University Press |
Total Pages | : 630 |
Release | : 2005-11-03 |
Genre | : Law |
ISBN | : 1139448161 |
In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.
Author | : Study Group on a European Civil Code |
Publisher | : sellier. european law publ. |
Total Pages | : 406 |
Release | : 2008 |
Genre | : Civil law |
ISBN | : 3866530595 |
In this volume, the Study Group and the Acquis Group present the first academic Draft of a Common Frame of Reference (DCFR). The Draft is based in part on a revised version of the Principles of European Contract Law (PECL) and contains Principles, Definitions and Model Rules of European Private Law in an interim outline edition. It covers the books on contracts and other juridical acts, obligations and corresponding rights, certain specific contracts, and non-contractual obligations. One purpose of the text is to provide material for a possible "political" Common Frame of Reference (CFR) which was called for by the European Commission's Action Plan on a More Coherent European Contract Law of January 2003.
Author | : John Cartwright |
Publisher | : Cambridge University Press |
Total Pages | : 537 |
Release | : 2008 |
Genre | : Law |
ISBN | : 0521516013 |
This volume outlines European perspectives on the liability which may follow a break-off of precontractual negotiations.
Author | : David Hayton |
Publisher | : Springer |
Total Pages | : 236 |
Release | : 1999-02-08 |
Genre | : Law |
ISBN | : 9789041197269 |
The results of a working party of senior academics in property law, leading to a statement of eight principles of European trust law. With commentary and national reports.
Author | : Luz M. Martínez Velencoso |
Publisher | : Cambridge University Press |
Total Pages | : 449 |
Release | : 2017-05-25 |
Genre | : Law |
ISBN | : 1107187095 |
This volume explores the law relating to the transfer of immovables in seventeen countries within Europe.
Author | : Zhen Meng |
Publisher | : Springer |
Total Pages | : 178 |
Release | : 2017-07-25 |
Genre | : Law |
ISBN | : 9811058466 |
This book presents a hotly debated issue concerning the ownership of trust property in China. The book describes various conventional interpretations of Chinese Trust Law submitted by legal scholars and compares diverse approaches regarding the ownership of trust property provided by jurisdictions globally. The book does not directly answer the question “Who is the owner of trust property in China?” Instead, using a social capital perspective, it develops a more practical perspective to explain why Chinese trust business has grown rapidly even in lack of legal certainty regarding the location of ownership of trust property. The book also further predicts under what conditions is the time ripe to clarify the location of the ownership of trust property in China. By employing those sociological concepts often used to depict and analyze society, this book outlines the structure of the Chinese trust business and related social relations in different stages, i.e., the current rapid development stage, and the possible transitional stage in the near future. The focus is on how the social network structure affects the behavior of actors (such as the settlor, the trustee, and the beneficiaries, and/or their potential candidates) within the relevant section of Chinese society. The book provides readers with an intensive analysis of the impacts of historical, cultural, and social elements on the legislation and development of trust law in China. It will appeal both to lawyers interested in the Chinese trust business and to comparative law researchers and social scientists.
Author | : Ewoud Hondius |
Publisher | : Cambridge University Press |
Total Pages | : 715 |
Release | : 2011-03-03 |
Genre | : Law |
ISBN | : 1139501151 |
The recent financial crisis has questioned whether existing contracts may be adapted, terminated or renegotiated as a result of unexpected circumstances. The question is not a new one. In medieval times the notion of clausula rebus sic stantibus was developed to cope with such situations, and Germany introduced the theory of Wegfall der Geschäftsgrundlage. In England, the Coronation cases provided one possible answer. This comparative study explores the possibility of classifying jurisdictions as 'open' or 'closed' in this regard.
Author | : Lusina Ho |
Publisher | : Cambridge University Press |
Total Pages | : 321 |
Release | : 2013-07-11 |
Genre | : Law |
ISBN | : 110724479X |
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.
Author | : Mathias Reimann |
Publisher | : Oxford University Press |
Total Pages | : 1593 |
Release | : 2019-03-26 |
Genre | : Law |
ISBN | : 0192565524 |
This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.