Commercial Trusts in European Private Law

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

• Provides essential information about trust issues in all the EU Member States up to the new wave of accession to the EU in 2004, and maps the most recent EC developments in the field of financial services law • Contributes to a new understanding of trust law in several commercial contexts, and provides fresh commentary on the Hague Trusts Convention of 1985 • National reports provide answers to hypothetical cases that focus on practical issues