Papers Of The International Academy Of Estate And Trust Law
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Author | : International Academy of Estate and Trust Law |
Publisher | : Springer |
Total Pages | : 326 |
Release | : 2001-12-21 |
Genre | : Law |
ISBN | : |
This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of their meeting in Berlin in May 2000. In the present volume academicians dissect four topics: (1) Settlement of disputes in estate and trust matters through arbitration and alternative dispute resolution; (2) Major transnational legal issues (non-tax) in testamentary matters: the effect of the Hague convention on succession to the estates of deceased persons; (3) Responsibility of tax advisors: the borderline between optimal and abusive planning; and (4) Recent developments in offshore trusts from a common law and civil law viewpoint.
Author | : International Academy of Estate and Trust Law. Conference |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 246 |
Release | : 2003-01-01 |
Genre | : Law |
ISBN | : 9041122230 |
Part 1. Trusts and taxes Italian style. Introduction: Trusts--some observations from a civil law perspective / Maurizio Lupoi ; Trusts and company law--the Italian experience / Edoardo Andreoli ; Trusts and income taxes in Italy / Guglielmo Maisto ; Analysis of indirect taxation on transfers of trust property in Italy / Paolo Gaeta -- pt. 2. Death and gift taxes, including cross-border issues. Introduction: Overview and comparative reflections / Ian V. Gzell ; Special considerations in US-Canada estate planning / Wolfe D. Goodman ; Inheritance and gift taxes--France / Laurent G. Chambaz ; Death and gift taxes : a view from Switzerland / Richard F.G. Pease ; Death and gift taxes--United States / Erik J. Stapper -- pt. 3. Debate: Should Utopia introduce an inheritance tax? Introduction: To tax or not to tax : that was the debate / Barbara R. Hauser ; Estate tax : an argument in favor of working toward equality, justice and common sense through a system of estate taxation / Joseph Kartiganer and Michael Sedlaczek ; Death taxes : unfair and inefficient / Timothy G. Youdan ; Death taxes for Utopia? : a case in the negative / Jürgen Killius -- pt. 4. Ethical issues in estate planning. Introduction / Bruce S. Ross ; Ethical guidelines for the estates and trusts lawyer : the ACTEC commentaries on the Model Rules of Professional Conduct and notes on ethics 2000 / Bruce S. Ross ; Conflict of interest and professional obligations in estate and trust law : an English perspective / Michael Jacobs ; Conflict of interest and professional obligations in probate actions in Germany / Andreas Frieser ; Rules of conduct for estate planners and ethical issues in estate planning in The Netherlands / Hendrik M. Sasse.
Author | : International Academy of Estate and Trust Law |
Publisher | : Springer |
Total Pages | : 1002 |
Release | : 2001-02-20 |
Genre | : Law |
ISBN | : |
This challenging, varied collection of articles is a reflection of the wide range of interests held by estate and trust lawyers today. The issues discussed here include: law in the context of an estate or trust control over the body itself, including the 'futuristic' issue of the status of frozen embryos in relation to an estate broad 'trusts' issues, including the place and nature of the trust in both civil and common law jurisdictions the resolution of family property concerns in relation to matrimonial law, forced heirship laws, or family provision on death. Other articles consider practical questions such as transnational tax planning, planning for the transition of a family business on death, retirement planning and the management of collective investments. The work takes a comparative approach, examining each issue from the perspective of a number of different jurisdictions. This collection arises from the annual meetings and discussion of members from the International Academy of Estate and Trust Law. It will be of great interest to researchers, academics, practitioners, law reform bodies, governmental groups and their advisers working in this complex and varied field of law.
Author | : Rosalind Atherton |
Publisher | : Springer |
Total Pages | : 0 |
Release | : 2002-08-27 |
Genre | : Law |
ISBN | : 9789041198808 |
This book contains the reflections of members of the International Academy of Estate and Trust Law comprising the proceedings of our meeting in San Francisco in May 2001. In this volume academicians dissect four topics: (1) Philanthropy - a comparative study of the treatment of charities in major western countries; (2) Incapacity; (3) Creditors' rights in trust or other managed funds; and (4) Testamentary freedom v. forced heirship.
Author | : Academie de droit international |
Publisher | : Martinus Nijhoff Publishers |
Total Pages | : 464 |
Release | : 1995-11-17 |
Genre | : Law |
ISBN | : 9789041101686 |
The Academy is an institution for the study and teaching of public and private international law and related subjects. Its purpose is to encourage a thorough and impartial examination of the problems arising from international relations in the field of law. The courses deal with the theoretical and practical aspects of the subject, including legislation and case law. All courses at the Academy are, in principle, published in the language in which they were delivered in the "Collected Courses of the" "Hague Academy of International Law." This volume contains: The Role of Substantive and Choice of Law Policies in the Formation and Application of Choice of Law Rules by L. BRILMAYER, Professor at New York University The Institution of the Trust in Civil and Common Law by D.W.M. WATERS, Professor at the University of Victoria, Canada. To access the abstract texts for this volume please click here
Author | : Jeffrey A. Schoenblum |
Publisher | : CCH |
Total Pages | : 2890 |
Release | : 2008 |
Genre | : Business & Economics |
ISBN | : 9780808092285 |
Author | : Dr. Manuel Arroyo |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 2862 |
Release | : 2018-08-06 |
Genre | : Law |
ISBN | : 9041192743 |
Arbitration in Switzerland
Author | : Gary Watt |
Publisher | : Oxford University Press, USA |
Total Pages | : 640 |
Release | : 2012-06-28 |
Genre | : Law |
ISBN | : 0199644365 |
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 | : International Academy of Estate and Trust Law. Annual Conference |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 310 |
Release | : 2005-01-01 |
Genre | : Law |
ISBN | : 9041123784 |
This book focuses upon two themes: the definition of 'family' and the impact of the expansion of the concept of 'family' in law: and family fights over wills and estates - what recourse family members may have in challenging an estate. The first part, `The challenge of the "new family" for Law', considers the challenge both in the inter vivos and the postmortem contexts in the United States, Canada, France, the United Kingdom, Australia and New Zealand. A particular focus is upon the dramatic expansion of the definition of family from the traditional nuclear family consisting of a husband, wife and their mutual children to a definition that includes unmarried heterosexual and same sex couples living together and, in some jurisdictions to new kinds of companionate partnerships that are not based on a sexual relationship. In some jurisdictions such developments are simply an expression of sharing responsibility by allocating it in the private domain, as opposed to the public potentially through social welfare; in others, particularly in the United States, it is a defence of fundamental institutions and, with it, a defence of society itself. The second part, 'Family fights over wills and estates', examines the law in Australia, Switzerland, France, Mexico, and the United Kingdom. Its comparison of civil and common law approaches shows how the law expresses the same principle objects - protection of family and obligations towards key family members - but does so from entirely different perspectives; and where the common law which enshrined the notion of testamentary freedom is being qualified through the expanding domain of family provision legislation, the civil law which is based on codified shares and allocated responsibilities expressed through proportionate entitlements in estates, is being qualified through a range of disqualifying and varying mechanisms.
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.