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Trust Law in Asian Civil Law Jurisdictions: A Comparative Analysis

Trust Law in Asian Civil Law Jurisdictions: A Comparative Analysis

Author: Professor Lusina Ho; Rebecca Lee
Publisher: Cambridge University Press
ISBN: 9781107023123
Published In: July 2013
Format: Hardback , 317 pages
Jurisdiction: Asia ? Disclaimer:
Countri(es) stated herein are used as reference only

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The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: • Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives • Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them • Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust • Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.

• Helps researchers and practitioners to understand the historical background of and latest developments in trust laws in civil law jurisdictions in East Asia

• Use of Trento trust project scenarios allows readers to draw close comparisons within these Asian jurisdictions and between them and the European jurisdictions considered in the Trento project

• Provides readers with a deep understanding of the theoretical issues arising from the reception of the trust in Asia and a critical evaluation of Asian approaches

Part I. Overview: 1. Introduction; 2. Reception of the trust in Asia: a historical perspective; 3. Trust law in Japan: inspiring changes in Asia, 1922 and 2006; 4. Trust law in South Korea: developments and challenges; 5. Trust law in Taiwan: history, current features and future prospect; 6. Trust law in China: a critical evaluation of its conceptual foundation; Part II. Case Studies: 7. Case 1: creating, managing and terminating the management relationship; 8. Case 2: protecting ring-fenced assets against incompetence of the asset manager; 9. Case 3: protecting ring-fenced assets against disloyalty of the asset manager; 10. Case 4: distribution of property in the insolvency of the owner; 11. Case 5: protecting ring-fenced assets from the insolvency of the asset manager; 12. Case 6: misappropriation and unauthorised disposition by the asset manager; Part III. Conclusion: 13. Emerging principles of Asian trust law.

Professor Lusina Ho
The University of Hong Kong

Rebecca Lee
The University of Hong Kong