Switzerlands Ratification Of The Convention On The Law Applicable To Trusts And Its Effects And Codification Of The Law Of Fiduciary Transfers
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Author | : Jonathan Harris |
Publisher | : Bloomsbury Publishing |
Total Pages | : 578 |
Release | : 2002-05-04 |
Genre | : Law |
ISBN | : 1847310664 |
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.
Author | : Lionel Smith |
Publisher | : Cambridge University Press |
Total Pages | : 585 |
Release | : 2013-08-22 |
Genre | : Law |
ISBN | : 1107032431 |
This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.
Author | : Jeffrey A. Schoenblum |
Publisher | : CCH |
Total Pages | : 2890 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 9780808092285 |
Author | : Georg von Segesser |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 101 |
Release | : 2019-03-26 |
Genre | : Law |
ISBN | : 9403510102 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Switzerland deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.
Author | : David Hayton |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 482 |
Release | : 2002-07-19 |
Genre | : Law |
ISBN | : 9041198792 |
Virtually every jurisdiction today is busy developing private international law rules to deal with trusts and similar ring-fenced structures. With the increasing impact of globalisation, business interests throughout the world are intent on maximising the potential of such structures for raising funds, lowering risks, and cutting costs. As a result, numerous complex issues involving the traditional categories of settlor, beneficiary, and fiduciary are being radically transformed. Extending the Boundaries of Trusts and Similar Ring-Fenced Funds offers valuable analyses, by sixteen well-known authorities in the field, of a broad range of trust-related issues. The many important insights in this book reveal the workings of such issues as the following: the disappearing divergence between common law and civil law jurisdictions in the matter of trusts; using the segregated fund concept to manage the risk of insolvency; the demise of the "amateur trustee" in the charitable trust sector; why loss to the fund supersedes particular losses of beneficiaries; the legal dimensions of hiding ownership by "giving" property to trustees; the intervention of public policy in questions of perpetuity; the selective imposition of OECD and FTF transparency initiatives on offshore jurisdictions; and "policing" of trustee behaviour by beneficiaries. Lawyers, bankers, and others dealing with investment and business finance will find much information as well as food for thought in this fascinating book, as will those involved in the traditional trust industry, whether as trustees or lawyers or fund managers. Most of the essays in this outstanding thematic collection were originally prepared for presentation at a conference held in 2001 at King's College London.
Author | : Yaëll Emerich |
Publisher | : Edward Elgar Publishing |
Total Pages | : 338 |
Release | : 2018-11-30 |
Genre | : Law |
ISBN | : 1788111842 |
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.
Author | : Wolfgang Faber |
Publisher | : Walter de Gruyter |
Total Pages | : 599 |
Release | : 2010-12-23 |
Genre | : Law |
ISBN | : 3866539231 |
This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are - the notion of ownership, - the derivative acquisition of ownership (e.g. by a sales contract), - the good faith acquisition of ownership and other property rights, - the multiple sale of the same movable, - the protection of possession, positive (acquisitive) prescription, and - processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This sixth volume of the series presents "up-to-date" national reports of - The Netherlands - Switzerland - Czech Republic - Slovakia - Malta - Latvia
Author | : Eylem Apaydin |
Publisher | : Cambridge Scholars Publishing |
Total Pages | : 215 |
Release | : 2011-01-18 |
Genre | : Law |
ISBN | : 1443827797 |
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.
Author | : Jean-Marc Tirard |
Publisher | : Academy and Finance |
Total Pages | : 0 |
Release | : 2017 |
Genre | : Comparative law |
ISBN | : 9782970060291 |
This book provides detailed answers on the tax treatment of trusts in 21 jurisdictions. For each jurisdiction, the author answers the same set of 22 questions relative to: legal considerations; tax considerations; tax treatment of the creation of a trust; tax treatment of distribution from a trust to its beneficiaries; tax implications of settlor's death; tax implications of the termination of a trust; and reporting obligations.
Author | : Christian H. Kalin |
Publisher | : John Wiley & Sons |
Total Pages | : 774 |
Release | : 2006-02-03 |
Genre | : Business & Economics |
ISBN | : |
The Switzerland Business & Investment Handbook covers all key aspects of conducting business, investing and living in Switzerland. It is a unique reference manual featuring over thirty separate chapters, each of them concise and to the point, providing the information that really matters. Besides an introduction to Switzerland's historical, political, social and economic framework, the book covers the Swiss legal system, company and contract law, intellectual property law, personal and corporate taxation, VAT, international tax aspects, real estate, residence, the social security and pension system, Swiss annuities and life insurance, corporate and private banking, and other important subjects. Overview tables, useful checklists, portraits of the Swiss cantons, a bibliography, a comprehensive facts and figures section, as well as a clearly organized address section, make the handbook user-friendly and practice-oriented. The book is aimed at: Company executives who wish to have a clear overview of the legal, tax and economic framework in Switzerland Investors and entrepreneurs interested in investing and doing business in Switzerland Tax and legal advisors, business consultants and fiduciaries English-speakers living, working or doing business in Switzerland