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Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions, 2nd Edition (e-Book)

Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions, 2nd Edition (e-Book)

Author: Steven Gallagher
Publisher: Sweet & Maxwell Hong Kong
ISBN: 9789626616055
Published In: October 2020
Format: e-Book , 805 pages
Jurisdiction: Hong Kong ? Disclaimer:
Countri(es) stated herein are used as reference only

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Remarks: PRINT version is also available. Please click here to purchase the PRINT version.

Equity and Trusts in Hong Kong: Doctrines, Remedies and Institutions is a detailed text on the law in Hong Kong.

The text is unique as it not only details the development of equity and trusts in Hong Kong in the light of developments in other jurisdictions, but also considers the uses of equity and trust in Hong Kong and how they have developed and may be developed in the commercial, corporate and banking sectors. The text also considers the interaction between the domestic use of trusts in Hong Kong and the practice of offshoring.

Discusses the worlds’ first detailed consideration of anti-Bartlett clauses by an appellate court in the Court of Final Appeal’s decision in Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45.
Considers the fiduciary duty of trustees including the concept of a residual fiduciary duty after Zhang Hong Li v DBS Bank (Hong Kong) Ltd [2019] HKCFA 45.
A chapter discussing the relationship between equity and unjust enrichment.
Fresh consideration of the approach to property ownership disputes involving the doctrines of common intention constructive trust, proprietary estoppel, and the resurrection of the presumption of resulting trust after the privy council decisions of Marr v Collie (Bahamas) [2017] UKPC 17 and Whitlock v Moree (Bahamas) [2017] UKPC 44.
Submission that the common law doctrine of sham should not apply to trusts, considering JSC Mezhdunarodniy Promyshlenniy Bank and another v Pugachev (Pugachev v. Pugachev) [2017] EWHC 2426 (Ch)
Considers why Hong Kong has no need of the possible new doctrine of estoppel that may be developing in England after the English Court of Appeal decision in Pennington v. Waine [2002] EWCA Civ 227.
A chapter considering the importance of special trust jurisdictions for trust business in Hong Kong, including Cayman Islands, British Virgin Islands and Bermuda.

PART I EQUITY

1 WHAT IS EQUITY?
2 MAXIMS AND DOCTRINES
3 DEFENCES AND REMEDIES

PART II THE LAW OF TRUSTS

4 WHAT ARE TRUSTS?
5 CREATING AN EXPRESS TRUST
6 THE THREE CERTAINTIES
7 THE BENEFICIARY PRINCIPLE
8 CHARITABLE TRUSTS
9 CONSTITUTION OF TRUSTS & PERFECTION OF GIFTS

PART III RIGHTING WRONGS

10 RESULTING, IMPLIED OR CONSTRUCTIVE TRUSTS
11 PRESUMED RESULTING TRUSTS
12 AUTOMATIC RESULTING TRUSTS
13 CONSTRUCTIVE TRUSTS
14 EQUITY AND THE FAMILY HOME
15 SUCCESSION, WILLS AND MUTUAL WILLS
16 SECRET TRUSTS

PART IV ENFORCING THE TRUSTS

17 TRUSTEES AND FIDUCIARIES
18 TRUSTEES: administration, duties and powers
19 TRUSTEES: liability for breach of trust
20 BENEFICIARIES AND VARIATION OF TRUSTS

Part V Righting Wrongs Outside the Trust

21 TRACING: IDENTIFYING MISAPPRIATED TRUST PROPERTY
22 LIABILITY OF STRANGERS TO THE TRUST
23 EQUITY AND UNJUST ENRICHMENT

Part VI The Future for the Law of Trusts?

24 SELLING TRUST: OFFSHORING INVESTMENT AND SPECIAL TRUST JURISDICTIONS

Steven Gallagher

Associate Dean of Teaching and Learning and the Professor of Practice in Law at Faculty of Law at the Chinese University of Hong Kong