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Trends in Contemporary Trust Law


ISBN13: 9780198262862
ISBN: 0198262868
Published: November 1998
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £175.00



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This important collection of essays by a distinguished group of trust lawyers demonstrates that trusts law continues to be an area of great vitality and practical significance.

Trusts is a subject that excites interest with its mixture of sophisticated thinking and practical commercial application. The papers in this volume not only have international appeal but also cover areas which are currently important to the legal profession.

The essays range widely over subjects as varied as non-charitable purpose trusts (important for their use in tax havens in commercial and estate planning roles), the protector (a figure increasingly introduced to discretionary trusts in tax havens), pension trusts (important in the light of recent pension fraud), the duty of care owed by company directors to the company, liability and remedies for breach of trust, equities reaction to modern domestic relationships and taxation of the constructive trustee.

Subjects:
Equity and Trusts
Contents:
Preface
Foreword
List of Contributors
Table of Cases
Table of Statutes
The New Trust: Obligations without Rights?
Introduction
Presumptions and Illegality
Introduction
The Irreducible Core Content of Trusteeship ;
The Protector: New Wine in Old Bottles?
Introduction--The Phenomenon Of The Protector
Conclusion
Some Trust Principles in the Pensions Context
Self-dealing Trustees
Conclusion
Introduction
Moulding the Content of Fiduciary Duties
Conclusions
Where are We Going with Equitable Compensation?
A Comment
The Liberalising Nature of Remedies for Breach of Trust
Conclusion
Trust Law for the Twenty-first Century
Equity's Reaction to Modern Domestic Relationships
Introduction
Conclusions
Taxing the Constructive Trustee:
Should a Revenue Statute Address Itself to Fictions?
Selected Bibliography
Index.