Author: Alfred E. Von OverbeckPublisher:
ISBN:
Category : Trusts and trustees
Languages : en
Pages :
Book Description
Convention on the Law Applicable to Trusts and on Their Recognition
Author: Alfred E. Von OverbeckPublisher:
ISBN:
Category : Trusts and trustees
Languages : en
Pages :
Book Description
The Hague Trusts Convention
Author: Jonathan HarrisPublisher: Bloomsbury Publishing
ISBN: 1847310664
Category : Law
Languages : en
Pages : 578
Book Description
Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for “trusts created voluntarily and evidenced in writing.” It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Convention on the Law Applicable to Trusts and on Their Recognition
Author: Treaty Series No. 14 (1992). Convention on the Law Applicable to Trusts and on Their Recognition
Author: Great Britain. Parliament. House of CommonsPublisher:
ISBN:
Category :
Languages : en
Pages :
Book Description
Steel industry and trade
Author: Convention on the Law Applicable to Trusts and their Recognition, adopted by the Hague Conferencev on Private International Law in October 1984
Author: D. W. M. WatersConvention on the Law Applicable to Trusts and on Their Recognition (The Hague, 1 July 1985)
Author: On the Boundaries of the Property Law - Trust in a Civil Law System
Author: Aleksander GrebieniowPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The trust ia a perfect example of a legal transplant between the common law and the civil law systems. It's a creation of Equity, which refers to a fiduciary transfer of ownership. A settlor transfers certain goods to the trustee, who acquires the ownership fiduciae causa and is obliged to administer them to the benefit of the settlor itself or of a beneficiary. The particularity of the Trust founds its roots in the ambiguity of its classification, dependent on which Law System it is applied in. In the anglosaxon countries this institution belongs purely to the branch of the Real Law. However, on the Continent it is being considered as a part of the Law of Obligations. To the desire of the harmonisation of laws, a conclusion of the Convention on the Law Applicable to Trusts and on their Recognition from 1st July 1985 (Aia Convention) took place and made it possible for the Trusts to operate beyond the Common Law countries, but caused certain practical problems. The author aims to present the clash of legal systems, which may be useful to define the trust's nature.
The Hague Trusts Convention
Author: Jonathan HarrisPublisher:
ISBN: 9781474200462
Category : Conflict of laws
Languages : en
Pages : 529
Book Description
Trusts cross borders. When they do, real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for "trusts created voluntarily and evidenced in writing." It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers. Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Draft Articles on the Law Applicable to Trusts and Their Recognition
Author: Hague Conference on Private International LawPublisher:
ISBN:
Category : Trusts and trustees
Languages : en
Pages : 9
Book Description