Home >
Law >
Banking / Finance >
The Legal Nature of the Unit Trust

The Legal Nature of the Unit Trust

Author: Kam Fan Sin
Publisher: Oxford University Press
ISBN: 9780198764687
Published In: January 1998
Format: Hardback , 400 pages
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

Out of stock

Description
Contents
Author
Reviews

Details

This is the first book to provide a detailed and thorough conceptual analysis of the unit trust
The author provides a thorough and detailed treatment of the subject which will be of interest to both practitioners and academics
It is a thoroughly up-to-date treatment of the subject, which will be of particular importance to practitioners in this area

This is the first book to examine in depth the doctrinal character of the unit trust. The author begins by tracing the history of the unit trust as a sub-set of the trust and the company. He goes on to examine a whole range of related topics, including the contractual ingredient of the unit trust and its implications on doctrines of perpetuities, important case law such as the case of Saunder v Vautier, frustration, and remedies. This is followed by an analysis of the unit trust's relationships, obligations, and rights aspects — including the associative, agency and fiduciary character of the relationships; the 'split of trusteeship' between the trustee and the manager (in the form of directory, veto, delegation, and advisory powers); and the nature of the unit trust. The relevant provisions of the Financial Services Act 1986 and its subsidiary legislation are also analysed. Clearly this book will be invaluable to all those who require a better understanding of the unit trust.

Introduction
1: Evolution of the Unit Trust
2: The Trust and the Constitution of a Unit Trust
3: The Character of Unit Trust Relationships
4: Trusteeship in the Unit Trust
5: The Nature of Units
Bibliography

Kam Fan Sin, Lecturer in Law, University of New South Wales, Australia

This is a work of enormous scholarship./ ... a steady grasp of legal principle prevents the reader from losing her way in this dense subject matter./ ... this book is a major contribution to scholarship, which will also assist practitioners./ ... the research and analysis it records is a rich source of new ideas. It will undoubtedly provide the basis for much future work .../ Dr. Joanna Benjamin, King's College London, Trust Law International, Vol. 12, No. 4, 1998. -

'In a world awash with legal publications, "The Legal Nature of the Unit Trust" is a much needed an comprehensive examination of a topic that has largely been neglected by legal commentators...The author's in-depth exploration of the relationship between trust and contract as principal elements in the unit trust is not only instructive but also timely and appropriate..."The Legal Nature of the Unit Trust is a valuable contribution to our understanding of the law relating to unit trusts. It not only draws on the lessons of history and exhibits analytical skills of a high order, but also draws attention to and discusses, where appropriate, the authorities in a number of jurisdictions.'