Asia-Pacific Trusts Law, Volume 1: Theory and Practice in Context

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Asia-Pacific Trusts Law, Volume 1: Theory and Practice in Context

Edited by Ying Khai Liew · Matthew Harding
Hart Publishing March 2023

Specifications

ISBN-13
9781509950577
Publisher
Hart Publishing
Publication
March 2023
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

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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.

Table of Contents

1. Introduction
Ying Khai Liew, University of Melbourne, Australia and Matthew Harding, University of Melbourne, Australia

PART I
2. Mere and Other Discretionary Objects in Australia
Jessica Hudson, University of New South Wales, Australia
3. A Lament for Trust Principles in New Zealand
Jessica Palmer, University of Otago, New Zealand
4. Trusts in Hong Kong: Historical Application and Current Practice
Lusina Ho, University of Hong Kong, China and Rebecca Lee, University of Hong Kong, China
5. Constructive Trusts and Limitation Periods in Malaysia
Ying Khai Liew, University of Melbourne, Australia
6. Victoria Meets Confucius in Singapore: Implied Trusts of Residential Property
Kelvin FK Low, National University of Singapore

PART II
7. The Transplantation of Trusts Law in India
Stelios Tofaris, University of Cambridge, UK
8. Constructive Trusts under Muslim Family Law in Pakistan: Protecting Women's Rights to Matrimonial Property
Muhammad Zubair Abbasi, Lahore University of Management Sciences, Pakistan
9. The Law of Trusts in Bangladesh: Theory and Practice
Omar H Khan, Legal Counsel, Bangladesh
10. Implied Trusts in Sri Lanka as a Creature of Legislation: The Way Forward
Anton Cooray, City University of London, UK
11. Philippine Trusts: Legal and Practical Considerations
Hector M de Leon Jr, University of the Philippines

PART III
12. The Transformation of Japanese Trusts Law and Practice: Historical Contexts and Future Challenges
Masayuki Tamaruya, University of Tokyo, Japan
13. Debtor Rehabilitation and the Asset-Partitioning Effect of Security Trusts: The Korean Supreme Court's Position Revisited
Ying-Chieh Wu, Seoul National University, South Korea
14. Taiwan's Trusts Law and Name-Borrowing Arrangements
Wen-Yeu (Wallace) Wang, National Taiwan University and Yueh-Ping (Alex) Yang, National Taiwan University
15. The Legal Nature of the Chinese Charitable Trust
Hui Jing, City University of Hong Kong, China

PART IV
16. The Surviving Legacy of English Trusts Law and Trusts in Thailand
Surutchada Reekie, Chulalongkorn University, Thailand and Adam Reekie, Thammasat University, Thailand
17. Arrangements Resembling Trusts under Indonesian Land Law
Eddy M Leks, Leks & Co, Indonesia
18. Property Management Relationships and 'Trusts' in Vietnam
Nguyen Hung Quang, NH Quang & Associates, Vietnam and Nguyen Thuy Duong, NH Quang & Associates, Vietnam

PART V
19. Offshore Trusts in the South Pacific: How Far can the Concept of the Trust be Stretched before it Breaks?
Katy Barnett, University of Melbourne, Australia
20. Identifying an Asia-Pacific Private International Law of Trusts
Richard Garnett, University of Melbourne, Australia
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