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Modern International Developments in Trust Law


ISBN13: 9789041197061
ISBN: 9041197060
Published: March 1999
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £239.00



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This text concerns the development of the trust idea in common and civilian law jurisdictions, whether mainland or offshore. While trusts are important for preserving family wealth and influence, over ninety per cent of the value of trust funds is found in commercial or financial trusts. It is interest in the latter type of trust that is likely to lead to the development of the trust idea in European mainland jurisdictions, especially as the economic destinies of European jurisdictions become increasingly intertwined and as the Hague Convention on the recognition of trusts comes to be implemented.;This book should appeal to academic trust lawyers and comparative lawyers, as well as common law and civil law practitioners, whether interested in taking advantage of foreign trust laws, or in developing in their local jurisdictions new ideas obtained from foreign jurisdictions.

Contents:
1. Anglo-Trusts, Euro-Trusts and Caribbo-Trusts -- Whither Trusts? D. Hayton.
2. Principles of European Trust Law; D. Hayton.
3. The Hague Convention on the Law Applicable to Trusts and Their Recognition; H. Kotz.
4. The Modern Development of Trust Law in Germany; H. Kotz.
5. The Law of Trusts and the Development of Trust Business in Japan; M. Arai.
6. The Use of the Trust in Canada Today; D. Waters.
7. The Uses and Purposes of Trusts in the United States; E. Halbach.
8. The Uses of Trusts in the Commercial Context in the UK; D. Hayton.
9. The Trust as an Instrument of Commerce in the United States; J. Langbein.
10. The Restatement Third of Trusts: A Look Ahead; E. Halbach.
11. The Uniform Prudent Investor Act and the Future of Trust Investing; J. Langbein.
12. The Revision and Modernisation of Trustee Acts in Canada; D. Waters.
13. Modernising the Trustee Act 1925; D. Hayton.
14. Modern Trust Law Reform in the UK; D. Hayton.
15. Exploiting the Inherent Flexibility of Trusts; D. Hayton.