bluuebunny/crossref_metadata_2025_split huggingface dataset:
Introduction
Authors: Mühlendahl Alexander , Botis Dimitris , Maniatis Spyros , Wiseman Imogen 
Published: March 2021

Abstract
Trade mark law has been growing rapidly in Europe during the last twenty years as a result of the harmonization process and the introduction of the Community trade mark system. Until the introduction of the new European regime, national schemes of protection had been developed following contradictory models, ranging from pure deposit systems to registries that wished to protect consumers and competitors first and trade mark owners second. At the same time national courts had been applying their own distinct and often disparate trade mark law doctrines, whereas for the Court of Justice trade mark rights were primarily potential anti-​competitive tools and barriers to intra-​Community trade. From the early 1990s onwards, the new European regime has changed all that. National laws have had to adapt to following the same substantive principles and national systems to coexist with a new, and truly federal, competing system of protection.
The Origins of the Re Hastings-Bass Rule
Authors: Ashdown Michael 
Published: March 2021

Abstract
The present state of the law must now be treated as authoritatively set out by Lord Walker in Pitt v Holt, and to a lesser but still important extent by the earlier judgment of Lloyd LJ in the Court of Appeal in the same case. This chapter, however, is concerned with the earlier development of the Re Hastings-Bass doctrine. Its purpose is to establish the doctrinal legitimacy of the rule in Re Hastings-Bass as an aspect of the English law of trusts. Whilst this is primarily of academic and theoretical concern, in view of the Supreme Court’s reformulation of the law into its present shape, it is also of practical importance. In particular, the future application of the doctrine to novel situations will depend upon understanding the precise nature and scope of the rule propounded by the Supreme Court. That decision cannot simply be divorced from the many decided cases which preceded it, and from its place in the wider compass of the law of trusts.
Extending the Scope of the Rule
Authors: Ashdown Michael 
Published: March 2021

Abstract
The analysis and discussion of the Re Hastings-Bass rule set out in the previous chapters has primarily addressed the situation in which the rule has typically been applied: the exercise of a dispositive power or discretion by a trustee. But stating the paradigmatic Re Hastings-Bass situation in that way makes clear the possibility of extending the rule’s application beyond those boundaries. First, a trustee may exercise a power which is of an administrative rather than dispositive character. Secondly, a power may be vested in a person as an individual, rather than in an office-holder such as a trustee. Thirdly, powers may be vested in fiduciaries other than trustees, and indeed Pitt v Holt itself was concerned with the actions of a receiver appointed under the Mental Health Act 1983. This chapter addresses in turn each of these three possibilities.
Fraud on a Power
Authors: Ashdown Michael 
Published: March 2021

Abstract
Like the rule in Re Hastings-Bass, the doctrine of fraud on a power is among the controls imposed by equity on the exercise of powers. At first glance they may appear to have little else in common. Where the latter addresses the purpose for which a power is exercised, the former is concerned with duty to take relevant matters into account in exercising a power. The Re Hastings-Bass rule applies only to trustees and those in analogous fiduciary positions whereas fraud on a power applies equally to powers held in a purely personal capacity. Fraud on a power has a long history stretching back to at least the mid-eighteenth century whereas the Re Hastings-Bass rule first appeared in anything approaching its present form in 1989.
Ireland
Authors: O’Neill Barry , McGrath Nicola 
Published: March 2021

Abstract
The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and authors bear no responsibility for any errors or omissions contained therein.
The United States of America
Authors: Goldstein Marcia L , Coelho Sara 
Published: March 2021

Abstract
The material contained herein is intended as a general guide only and is not intended to be a memorandum of law study, nor to provide legal advice, and should not be treated as a substitute for legal advice concerning particular situations. Legal advice should always be sought before taking any action based on the information provided. The publishers, editors, and authors bear no responsibility for any errors or omissions contained herein.
International Trust Laws
Authors: Panico Paolo 
Published: March 2021

Abstract
International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts. The book combines academic rigour and analysis with a practical focus on trusts in the real world, including assets which modern settlors wish to envelop in a trust; liability concerns of trustees; and the governance, command, and control mechanisms which increasingly form the largest feature of trust creation. It also provides valuable background for trust law practitioners, whether they advise on trusts, draft trust documents, or litigate trust-related matters. The new edition has been fully revised and updated to address important developments in case law and legislation, including the UK Supreme Court decision on the “rule in Hastings-Bass” (Pitt and Futter cases), the Privy Council decision on ‘reserved powers trusts’ (TMSF), decisions on forced heirship issues in Jersey and Guernsey, decisions on ‘asset protection trusts’ in the US, the Trusts (Amendment N. 5) (Jersey) Law 2012 and Trusts (Amendment N. 6) (Jersey) Law 2013, Hong Kong's Trust Law (Amendment) Ordinance 2013, the Virgin Islands Special Trusts (Amendment) Act 2013 and Trustee (Amendment) Act 2013, Cyprus' International Trusts (Amendment) Law 2012 Cayman Islands, Trusts Law (2011 Revision), and amendments to the trusts law of New Zealand. It also offers new coverage of the retirement, removal, and appointment of trustees, with a special emphasis on trustee indemnity; and the recognition of trusts in non-trust jurisdictions (civil law jurisdictions, Eastern Europe, Islamic countries, and China).
Introduction
Authors: Panico Paolo 
Published: March 2021

Abstract
The English legal genius that attached an obligation of conscience to the title to property brought into being what Frederick Maitland famously described as ‘perhaps the greatest and most distinctive achievement of English lawyers’. Since their first medieval appearance as ‘uses’, trusts have established themselves as the main estate planning and wealth management arrangement of the western legal tradition. Trusts succeeded in withstanding a fatal attempt to legislate them out of existence under King Henry VIII’s Statute of Uses of 1535. They subsequently spread across five continents following the expansion of the British Empire: indeed, ‘trusts’—along with ‘trade’ and ‘tea’—were one of the ‘three Ts’ traditionally associated with British civilization.
Duty To Act Within Powers
Authors: Haywood Marcus 
Published: March 2021

Abstract
A director will act other than in accordance with the company’s constitution and will breach this duty if he causes the company to do something beyond its powers or if he fails to comply with the company’s internal regulations. Paragraph (b) requires a director to observe the spirit as well as the letter of the constitution by which his powers of management are conferred. Whether there is a breach of paragraph (a) is to be determined objectively, whereas paragraph (b) concerns the subjective intentions of the director.
Transactions With Directors Requiring Approval of Members
Authors: Tamlyn Lloyd 
Published: March 2021

Abstract
This chapter covers the provisions in the Companies Act, Part 10, Chapters 4 and 4A, ss 188–230, which for the most part underpin the duties of directors by requiring certain transactions with directors to be approved by the members. It also deals with the right to inspect directors’ service contracts or memoranda of their terms and the special rules, set out in s 231, that apply to contracts with a sole member who is a director.
Liabilities of Directors To Third Parties
Authors: Hilliard Lexa 
Published: March 2021

Abstract
A principal purpose of incorporating a company with limited liability is to avoid the personal liability that otherwise attaches to an individual if he trades without the protection of the corporate form. Incorporation with limited liability undoubtedly shields a director from the routine liabilities associated with carrying on business when that business is carried on by a company rather than by him as an individual. Legally, the business is then the company’s business, not the director’s business and therefore any contracts concluded or obligations undertaken in relation to the business are, ordinarily, contracts or obligations of the company.
Directors’ Functions and Duties in Insolvency Proceedings
Authors: Cooke Charlotte 
Published: March 2021

Abstract
Since the 1844 Winding Up Act, winding-up proceedings have been a means of requiring directors to account for their management of the business of the company, investigating the causes of failure and enabling prosecutions to be brought, and claims made, against delinquent directors. These purposes underline the winding-up provisions that have been incorporated into the successive Companies Acts 1862–1985. The 1862 Act introduced a summary procedure, known as a misfeasance summons, for assessing damages against delinquent directors. Following the report of the Greene Committee, the 1929 Act, s 275 made persons, including directors, responsible for fraudulent trading personally liable without limit for the debts of the company and also liable to criminal prosecution.
Obtaining A Proprietary Interest by Express Agreement
Authors: Calnan Richard 
Published: March 2021

Abstract
This chapter discusses how proprietary interests are transferred at common law, including the different rules for goods, land, and intangibles. It considers how proprietary interests are transferred in equity, including the effect of agreements to transfer future assets. The similar but distinct concepts of ‘creation’ and ‘transfer’ of a proprietary interest are explained. The fundamental features of the transfer of an express proprietary interest, applicable to the transfer of all proprietary interests, are identified and discussed. It explains the importance of identifying the asset concerned, and the particular issues which arise where only part of an asset is transferred.
Post-Petition Dispositions (Insolvency Act 1986, Sections 127 and 284)
Authors: Parry Rebecca , Shivji Sharif 
Published: March 2021

Abstract
The timing of a transaction is fundamental to many of the avoidance provisions: none more so than sections 127 and 284, which operate in the period following, respectively, the presentation of a winding-up petition against a company and the presentation of a bankruptcy petition against an individual. These are times of great potential for detrimental transactions and the sections reflect this. Upon the debtor entering liquidation or bankruptcy, these sections retrospectively make any post-petition disposition automatically void regardless of whether it was a transaction that was of benefit to the debtor. Thus, beneficial transactions, such as payments to employees and sales of assets for full market value, are affected just the same as detrimental, asset-stripping, transactions. The simplicity, and harshness, of these provisions is therefore to be contrasted with most of the other avoidance provisions, which tend to be discretionary and often require some enquiry to be made regarding the debtor’s motivations.
Transactions at an Undervalue (Insolvency Act 1986, Sections 238 and 339)
Authors: Parry Rebecca , Shivji Sharif 
Published: March 2021

Abstract
Sections 238 (corporate insolvency) and 339 (bankruptcy) target gifts, transfers for no or insufficient consideration, and transactions with a gift element entered into by the debtor on the eve of insolvency, to the detriment of creditors. The sections themselves are relatively straightforward in operation. The main conditions for challenging a transaction are that (a) the debtor either received no consideration or received consideration of a value significantly less than the consideration he gave (in bankruptcy the section also operates where a transaction has been entered in consideration of marriage); and (b) the transaction must have been entered into at a ‘relevant time’ which consists of two elements: the transaction must have taken place within a particular time period occurring immediately prior to insolvency, and it must also be established that the transacting party was insolvent at the time of the transaction or as a result of it. In corporate insolvency cases, a defence is available where the transaction was entered into in the reasonable belief that it would benefit the company. The simplicity of these provisions makes them a powerful weapon for office holders, as does the fact that the burden of proof shifts in favour of the officeholder where
The Architecture of EMU
Authors: Manger-Nestler Cornelia 
Published: March 2021

AbstractEach description of an ‘architecture’ implies the analysis of the fundamental architect’s plan, leading principles and conditions of existence, which define the design and the shape of the ‘construction’. This applies specifically to the European Monetary Union (EMU), which is inscribed to the European Union (EU) as a kind of an inner circle, because of the intensified kind of union. Looking at the guiding principles in shape of irreversibility and conditionality, it soon becomes evident that, from its beginnings, the architecture of the EMU was a challenge. Owing to the asymmetry of the EMU, this finding has not changed in the past twenty years since the foundation of the EMU.
ESCB/Eurosystem/National Central Banks
Authors: Langner Julian 
Published: March 2021

AbstractThe European System of Central Banks (ESCB) and the Eurosystem respectively is quite a unique legal structure which is historically unprecedented. As part of the European Union (EU), it is necessarily based on the rule of law and needs to be clearly defined in the primary law as such. Thus, the ESCB was included in the European Union’s constituting Treaties by the Treaty of Maastricht in Articles 8 and 106 of the Treaty establishing the European Community (TEC). However, it reflects a typical European Union compromise.
The European Commission
Authors: van Duin Kees 
Published: March 2021

AbstractThe European Commission is one of the key European Union (EU) institutions and has been so ever since the early days of European integration. At the same time, its role and the manner in which it exercises its various functions differ widely between the various EU policy domains. This chapter will zoom in on one such specific policy domain, namely the Economic and Monetary Union (EMU). Notably, since the Treaty of Maastricht in 1992, the European Commission has been one of the key players in the elaboration of this specific policy field in all its aspects: in the original setting up and further development of EMU, as an instigator of policy developments, and in applying its rules and regulations. At the same time, the exact nature and content of the role that the Commission plays has strongly evolved over the years. Most recently, the financial and economic crisis that erupted in 2007/2008 and its follow up have profoundly affected the policy area of EMU including the role the Commission plays in the EMU framework.
Monetary Policy (objectives and instruments)
Authors: Tuori Klaus 
Published: March 2021

AbstractMonetary policy became the exclusive competence of the Community in the Maastricht Treaty, but the Treaty was not very explicit on what this exclusive monetary policy competence included. The Treaty provisions on monetary policy did rely on some general idea of what monetary policy consisted of and what it did not. However, instead of trying to assess what this ‘consensus’ view on monetary policy was in the early 1990s, it is more convenient to look directly at the key concepts related to monetary policy and how they were manifested in the setting-up and actual conduct of monetary policy by the Eurosystem. In this regard, three different but interlinked concepts need to be clarified: the monetary policy strategy, the monetary policy transmission mechanism, and the operational framework. Monetary policy strategy describes the way the Eurosystem sees its role in the economy and how it achieves the objectives it has been assigned. The monetary policy transmission mechanism is embedded in the monetary policy strategy. It seeks to explain how the central bank policy decision are transmitted to the economy and how they help to fulfil central bank’s objectives, particularly price stability. The operational framework facilitates this transmission by setting up the framework through which the Eurosystem interacts with financial markets and ultimately the economy at large.
Economic Policy Coordination: Foundations, Structures, and Objectives
Authors: Keppenne Jean-Paul 
Published: March 2021

AbstractThe Treaty on European Union (TEU) provides, in its Article 3(4), that ‘[t]he Union shall establish an economic and monetary union whose currency is the euro’. This Economic Monetary Union (EMU) finds its origin in the Treaty of Maastricht of 7 February 1992. As part of this EMU, the core provisions framing the economic policy coordination of the Union are included in the Treaty on the Functioning of the European Union (TFEU) amongst the other internal Union policies. Consequently, the so-called ‘Community method’ fully applies in this field.
Financial Assistance to Euro Area Members (EFSF and ESM)
Authors: Forsthoff Ulrich , Aerts Jasper 
Published: March 2021

AbstractThis chapter sets out the operational rules, financial instruments, and financial assistance documentation of the European Stability Mechanism (ESM) and the European Financial Stability Facility (EFSF) in the context of granting stability support within the European Union (EU). Following a short overview of the governance of the ESM and the EFSF when granting financial assistance, the scope and functioning of the financial instruments of the ESM are described in more detail as well as the contractual documentation governing the relation between the ESM and the beneficiary ESM Member. This chapter concludes with an overview of the EFSF/ESM country cases.
Phoenixism and Pre-Packing
Authors: Anderson Hamish 
Published: March 2021

Abstract
There is no necessary connection between phoenixism and pre-packing; each can occur without the other but it is the combination of both which attracts most controversy. ‘Phoenixism’ is the term used to describe the re-emergence, after insolvency proceedings, of the same business under the same management. Pre-packing is the process of executing a pre-arranged sale of a business immediately upon the appointment of an administrator. In practice, most pre-packs are sales to connected persons—hence taking these subjects together for the purposes of this book.
Theory and Rationale
Authors: Langford Rosemary Teele 
Published: March 2021

Abstract
This chapter critically examines the theoretical underpinnings of fiduciary law and of company law, presenting the rationale of conflicts regulation within that landscape. This is important given the changing terrain of fiduciary law. The duties to avoid conflicts and profits (the conflicts and profits rules) are a central feature of fiduciary law—indeed many scholars argue that these are now the only properly recognized (or ‘peculiarly’ fiduciary) duties. The chapter includes discussion of the concept of fiduciary loyalty and the practical importance of fiduciary classification. It examines the policy rationales for the duties.
Consequences of Breach
Authors: Rosemary Teele Langford Dr 
Published: March 2021

Abstract
This chapter provides an outline of the consequences of breach of the duties discussed in this book and, in particular, of the duty to avoid conflicts (the conflicts rule) at general law and under statute. This includes discussion of third party liability based on the rule in Barnes v Addy, which may be very valuable in certain circumstances. It highlights the available remedies, as well as issues arising in the framing and application of the remedies. It also draws attention to the role played by the unfair prejudice (or oppression) remedy in relation to directors’ conflicts. Given that this remedy is favoured by shareholders, and that a number of unfair prejudice cases concern directors’ conflicts, it is important to outline its contours. Indirect enforcement, and any significant differences in enforcement mechanisms between the jurisdictions, will be considered. The chapter does not provide a comprehensive outline in relation to all remedies or the detail of every aspect of the remedies discussed. There is, at times, clear divergence between the application of certain remedies in different jurisdictions—a complete and comprehensive comparative critical analysis of remedies would fill an entire book on its own.
The Creation of the Court of First Instance and of the Appeal
Authors: Naômé Caroline 
Published: March 2021

Abstract
Chapter 1 describes the ECJ’s situation in the 1980s and the negotiations which led to the creation of the Court of First Instance and the transfer of certain areas of jurisdiction from the Court of Justice to that court. Those changes in the EU Court structure created the need for an additional legal remedy: the ‘appeal’. The appeals system was then adjusted to accommodate later developments, such as the creation of the Civil Service Tribunal and the recast of the Rules of Procedure of the Court of Justice. Nowadays, it is the reform of the General Court which has the greatest impact on appeals before the Court of Justice.
The Effects of Appeals
Authors: Naômé Caroline 
Published: March 2021

Abstract
The general rule is that an appeal before the Court of Justice (ECJ) does not have suspensory effect. There is only one exception, in the case of regulations. This chapter describes the options open to the parties to try to mitigate the effects of the length of the appeal procedure. They may apply for interim measures, request an expedited procedure or request priority treatment.
Grounds of Appeal
Authors: Naômé Caroline 
Published: March 2021

Abstract
This chapter examines the possible grounds of appeal before the Court of Justice (ECJ). It distinguishes four categories of grounds, relating respectively to: (i) the competence of the court sitting at first instance and whether that court respected the scope of its jurisdiction; (ii) the conduct of the procedure at first instance, in relation to matters such as respect for the rules governing the organisation and functioning of the General Court (GCEU), the use of measures of inquiry, and protection of the rights of the defence; (iii) the way in which the General Court handled the case and wrote its judgment, particularly in the light of the duty to state reasons and the obligation to respond to the heads of claim and pleas of the parties; and (iv) the decision on the substantive issues.