Trends In Contemporary Trust Law
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Author | : A. J. Oakley |
Publisher | : Oxford University Press |
Total Pages | : 390 |
Release | : 1996 |
Genre | : Law |
ISBN | : 9780198262862 |
Rev. versions of papers originally presented at a conference held on Jan. 6-7, 1996 in Cambridge, U.K.
Author | : Graham Moffat |
Publisher | : Cambridge University Press |
Total Pages | : 1110 |
Release | : 2005-09-29 |
Genre | : Law |
ISBN | : 9781139445283 |
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
Author | : Rachael Mulheron |
Publisher | : Routledge |
Total Pages | : 519 |
Release | : 2016-04-08 |
Genre | : Law |
ISBN | : 1135392641 |
It is unusual, in the precise world of law, to find instances of where ‘near enough is good enough’. This book explores when this is possible, referring to property and monetary transfers, under the increasingly important and influential cy-près doctrine. The doctrine decrees that, when literal compliance is impossible or infeasible, the intention of a donor or testator should be carried out ‘as nearly as possible’. Over the past thirty years, this doctrine has marched into other legal territory where ‘as near as possible’ is also considered sufficient, such as in class actions litigation and under non-charitable trusts. Discussing and analyzing key developments across the Commonwealth jurisdictions and the USA, this book considers whether there is a new and overarching definition which can be attributed to the cy-près doctrine. It asks whether there is a doctrinal symmetry of analysis that truly renders it a body of ‘cy-près law’ in the modern context and whether the doctrine can be expected to play an even greater role in the future. This book is of interest to researchers and practitioners working in trusts and charity law, property law, contract law, and class actions jurisprudence.
Author | : Ying Khai Liew |
Publisher | : Bloomsbury Publishing |
Total Pages | : 704 |
Release | : 2021-08-26 |
Genre | : Law |
ISBN | : 1509934804 |
At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.
Author | : Natalie Mrockova |
Publisher | : Bloomsbury Publishing |
Total Pages | : 327 |
Release | : 2023-08-10 |
Genre | : Law |
ISBN | : 1509963677 |
This edited collection of papers comes from the well-established Modern Studies in Property Law biennial conference. It examines a diverse range of topics in property law and uses a wide range of methodological approaches to reflect on a variety of current and emerging themes and important issues that have been overlooked, offering new analysis and insights that will be valuable for property lawyers, academics, and students. It considers new developments in property law, including those connected with digital assets and the issues that have arisen from co-housing. The contributors are leading academics and practitioners from several common law jurisdictions, which expands the book's focus and enhances its value to the reader.
Author | : Nicholas McBride |
Publisher | : Bloomsbury Publishing |
Total Pages | : 145 |
Release | : 2023-06-01 |
Genre | : Law |
ISBN | : 1509938710 |
This book provides an in-depth and easy to understand account of a subject that students often find dauntingly difficult to master. The opening chapter sets out some definitions of what a trust is, and goes on to clearly explain the history of trusts law and how both trusts law and the roles played by trusts have changed over time. Different types of trust (trusts for persons, charitable and non-charitable purpose trusts, express trusts, constructive trusts, and resulting trusts) are explored in detail over the following two chapters. The fourth chapter sets out the law on when someone will commit a breach of trust and what remedies will be available when such a breach is committed; the obscure and intimidating terminology that affects this area of law is explained and made easy to use. A concluding chapter explores the harms caused by trusts law, particularly through its use to store wealth in tax havens abroad, and considers possibilities for reforming the law to mitigate those harms. With references to almost 150 books and articles, and almost 150 cases, this book will save students a huge amount of time in terms of developing a sophisticated knowledge of the past, present and potential futures of trusts law both in England & Wales, and across the world, as well as the academic and judicial debates that surround this area of law.
Author | : Gary Watt |
Publisher | : Oxford University Press |
Total Pages | : 635 |
Release | : 2018 |
Genre | : Law |
ISBN | : 0198804695 |
Gary Watt provides detailed and conceptual analysis of the complex area of trusts and equity. Emphasis on the modern commercial context and abundant cultural references, ensure students find Watt's approach a stimulating and inspiring read.
Author | : Jonathan Garton |
Publisher | : Cambridge University Press |
Total Pages | : 1181 |
Release | : 2015-08-13 |
Genre | : Law |
ISBN | : 110710548X |
Detailed, thorough and authoritative new edition of Moffat's Trusts Law.
Author | : Paul Beckett |
Publisher | : Taylor & Francis |
Total Pages | : 236 |
Release | : 2024-03-12 |
Genre | : Law |
ISBN | : 104000055X |
This book explores the connection between ownership, on one hand, and immunity from legal responsibility, on the other. It presents a definition of the concept of beneficial ownership, the reasons for its concealment, and failures in international legal structures and arrangements. Globally, States confront complex criminality, such as corruption, tax evasion, doctrinal fanaticism, trafficked slaves, terrorism and, war. At the personal level, men and women may seek to escape their creditors, to disinherit unwanted heirs, to cheat divorced partners, and to appear straightforward when this is not the case. The response of politicians and regulators has been a global State initiative to identify beneficial owners via public registers to promote transparency and accountability. Yet, at the same time, there is an equally powerful global and personal counter-initiative to promote beneficial ownership avoidance. Where there is no owner, there is no accountability. This book examines what “ownership” means in legal terms across multiple legal systems and explains why singling out “ownership” as being pivotal to State and personal accountability is a strategy both flawed and disingenuous. It is argued that an apparent lack of political will coupled with shape-shifting definitions of “ownership” have resulted in tokenism. Particular attention is paid to those “orphan” structures which have evolved from standard models, or which have been designed for the purpose in each case of facilitating ownership concealment and avoidance. The author explains how the virtual world of the blockchain, crypto-assets and cryptocurrency, and virtual entities such as the Decentralised Autonomous Organisation (DAO), all of which elude legal classification, have opened a new world of possibilities. Applicable across all jurisdictions and legal systems, the book will be a valuable resource for academics, researchers, and policy-makers working in the areas of Financial Crime, Regulation, Compliance, Business, and Accountancy.
Author | : James E. Penner |
Publisher | : Oxford University Press, USA |
Total Pages | : 535 |
Release | : 2014 |
Genre | : Law |
ISBN | : 0199678944 |
The Core Text Series takes the reader straight to the heart of the subject, providing a reliable and invaluable guide for students of law at all levels. Written by leading academics and renowned for their clarity, these concise texts explain the intellectual challenges of each area of the law. The Law of Trusts is an accessible text that skillfully engages with both controversial and complex issues. James Penner provides perceptive analysis and original and thought-provoking commentary to give students an excellent grounding in what is considered to be a difficult subject.