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Re-imagining the Trust

Re-imagining the Trust: Trusts in Civil Law

Re-imagining the Trust Trusts in Civil Law

Author: Lionel Smith
Publisher: Cambridge University Press
ISBN: 9781107011328
Published In: February 2012
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution.

This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property.

The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.

Contents:: Introduction Lionel Smith; 1. Reflections regarding the diversity of ways in which the trust has been received or adapted in civil law countries Madeleine Cantin Cumyn; 2. Recognition of common law trusts in civil law jurisdictions under the Hague Trusts Convention with particular regard to the Italian experience Michele Graziadei; 3. Express trusts in Israel/Palestine: a pluralist trusts regime and its history Adam Hofri-Winogradow; 4. Truth and reconciliation: notions of property in Louisiana's civil and trust codes Michael McAuley; 5. Trust laws in China: history, ambiguity, and beneficiaries' rights Lusina Ho; 6. The French Fiducie or the chaotic awakening of a sleeping beauty Francois Barriere; 7. The re-imagined trust Lionel Smith.

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