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

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

  • Author:
  • Publisher: Sweet & Maxwell Hong Kong
  • ISBN: 9789626615614
  • Published In: October 2020
  • Format: Paperback + eBook , 805 pages
  • Jurisdiction: Hong Kong ? Disclaimer:
    Countri(es) stated herein are used as reference only

List Price: HKD 2,200.00

HKD 2,134.00 Save HKD 66.00 (3%)

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    Remarks: e-Book version is also available. Please click here to purchase the e-Book 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

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