The Worlds of the Trust [Hardcover]

This collection of essays explores the law of trusts as it is understood in civilian and mixed jurisdictions.Containing twenty-two papers by leading scholars on trusts in civilian and mixed jurisdictions, this volume marks a new beginning in comparative trust scholarship. Topics include the juridical nature of the trust in different systems, the duties and role of trustees and aspects of legal history.Containing twenty-two papers by leading scholars on trusts in civilian and mixed jurisdictions, this volume marks a new beginning in comparative trust scholarship. Topics include the juridical nature of the trust in different systems, the duties and role of trustees and aspects of legal history.Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.1. Trusts: the essentials Lusina Ho; 2. The civil law trust: a modality of ownership, or an interlude in ownership? Ya?ll Emerich; 3. How to square the circle: the challenge met by Swiss insolvency law in dealing with common law trusts Aude Peyrot; 4. Can a modern legal system do without the trust? Reinout Wibier; 5. Stateless trusts Lionel Smith; 6. The security fiducie in French law Fran?ois Barri?re; 7. The trustee: mainspring, or only a cog, in the French fiducie? Bllcš