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Commercial Trusts in European Private Law

Commercial Trusts in European Private Law

Author: Michele Graziadei; Ugo Mattei;Smith Lionel
Publisher: Cambridge University Press
ISBN: 9780521115605
Published In: July 2009
Format: Paperback
Jurisdiction: Europe ? Disclaimer:
Countri(es) stated herein are used as reference only

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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

Contents:: General editors' preface; Preface; Contributors to the volume; Contributors to the case studies; List of Abbreviations; Select bibliographies for jurisdictions represented; Part I. Setting the Scene; 1. Commercial Trusts in European Private Law: the Interest and Scope of the Enquiry; 2. A short note on terminology; 3. The Hague Trust Convention twenty years on; Part II. The Case Studies; Section
1. General Part; 4. Case 1: Creation and termination of the management relationship: powers of the manager; 5. Case 2: Investment duties; 6. Case 3: Conflict of interest; 7. Case 4: Basic insolvency situation; 8. Case 5: Insolvency of investment manager; 9. Case 6: Tracing; 10. Case 7: Choice of law; Section
2. Special Part; 11. Case 8: Pension funds; 12. Case 9: Collective investment schemes; 13. Case 10: Multiple debenture holders; 14. Case 11: Securitisation; Part III. Conclusions; 15. Some difficulties; 16. Comparative remarks on the general part; 17. Comparative remarks on the special part; 18. What's next?; Index.