Description
Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.
Table of Contents
Introduction Lionel Smith; 1. Reflections regarding the diversity of ways in which the trust has been received or adapted in civil law countries Madeleine Cantin Cumyn; 2. Recognition of common law trusts in civil law jurisdictions under the Hague Trusts Convention with particular regard to the Italian experience Michele Graziadei; 3. Express trusts in Israel/Palestine: a pluralist trusts regime and its history Adam Hofri-Winogradow; 4. Truth and reconciliation: notions of property in Louisiana's civil and trust codes Michael McAuley; 5. Trust laws in China: history, ambiguity, and beneficiaries' rights Lusina Ho; 6. The French Fiducie or the chaotic awakening of a sleeping beauty François Barrière; 7. The re-imagined trust Lionel Smith.
