Trusts and patrimonies / [electronic resource]
Valsan, Remus, author.
Valsan, Remus,editor.
This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.
Specialized.
Includes bibliographical references and index.
Specialized.
Title from publisher's bibliographic system (viewed on 29 Sep 2017).
INTRODUCTION -- 1. The trust as patrimony : an introduction / Remus Valsan -- PART I. PATRIMONY AND THE COMMON LAW SUIT -- 2. Lepaulle appropriated / Alexandra Popovici and Lionel D. Smith -- 3. Trust and patrimony / Lionel D. Smith -- 4. Square peg, round hole? : patrimony and the common law trust / Paul Matthews -- PART II. PATRIMONY AND THE SCOTTISH TRUST -- 5. Trust without equity / George L. Gretton -- 6. Patrimony not equity : the trust in Scotland / Kenneth G.C. Reid -- 7. Scottish trusts in the common law / Lionel D. Smith -- PART III. TRUST AND PATRIMONY IN FRANCE, QUEBEC AND THE NETHERLANDS -- 8. Translating part of France's legal heritage : Aubry and Rau on the patrimoine / Nicholas Kasirer -- 9. Trusting patrimonies / Alexandra Popovici -- 10. Dual patrimony Dutch style : the magic spell for introducing the trust in the Netherlands? / Emile Schmieman
This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.
Trusts and trustees.