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

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

Author: Ying Khai Liew; Matthew Harding
Publisher: Hart Publishing
ISBN: 9781509934799

Published In: August 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509950577

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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.

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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