The Hague Convention On Trusts
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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 | : David John Hayton |
Publisher | : |
Total Pages | : 7 |
Release | : 1994 |
Genre | : |
ISBN | : |
Author | : Emmanuel Gaillard |
Publisher | : |
Total Pages | : 34 |
Release | : 1987 |
Genre | : Trusts and trustees |
ISBN | : |
Author | : Maurizio Lupoi |
Publisher | : Cambridge University Press |
Total Pages | : 444 |
Release | : 2000 |
Genre | : Business & Economics |
ISBN | : 9780521623292 |
Comparative study covering three models of trust : the English, the international and the civilian. More than forty countries are examined and a unified theory of trusts is submitted. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law.
Author | : Adair Dyer |
Publisher | : |
Total Pages | : 288 |
Release | : 1985 |
Genre | : Trusts and trustees |
ISBN | : |
Author | : Jonathan Harris |
Publisher | : |
Total Pages | : 529 |
Release | : 2002 |
Genre | : Conflict of laws |
ISBN | : 9781474200462 |
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 | : 293 |
Release | : 2012-03-01 |
Genre | : Law |
ISBN | : 1107378699 |
Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.
Author | : Olivier Metzger |
Publisher | : |
Total Pages | : 80 |
Release | : 2009 |
Genre | : Trusts and trustees |
ISBN | : |
Author | : Delphine Pannatier Kessler |
Publisher | : |
Total Pages | : 104 |
Release | : 2008 |
Genre | : Real property |
ISBN | : |
Author | : Paolo Panico |
Publisher | : Oxford University Press, USA |
Total Pages | : 672 |
Release | : 2010-02-18 |
Genre | : Language Arts & Disciplines |
ISBN | : |
International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law. It analyzes topics including protectors, shams, beneficiaries' right to information and protection from heirs and creditors, examining their development under English law and across a wide range of jurisdictions.