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Journal articles on the topic 'Property trusts'

Author: Grafiati

Published: 4 June 2021

Last updated: 20 February 2023

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1

Parkinson, Patrick. "RECONCEPTUALISING THE EXPRESS TRUST." Cambridge Law Journal 61, no. 3 (December 11, 2002): 657–83. http://dx.doi.org/10.1017/s0008197302001769.

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This article argues that the express trust should be understood as a species of obligation rather than as a means of organising the ownership of property. Two propositions seem fundamental to the traditional understanding of the trust as an aspect of property law. Firstly, in the nature of the trust, there must be a separation of legal and beneficial ownership. Secondly, there must be trust property. Neither is necessarily true. With many discretionary trusts and other recognised types of express trust it is impossible to locate the beneficial estate. Furthermore, the requirement for there to

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2

Lee, Joyman. "The Nature of the Beneficiary’s Interest in English, Japanese and Quebec Trusts." European Review of Private Law 29, Issue 4 (September 1, 2021): 611–32. http://dx.doi.org/10.54648/erpl2021032.

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In the English trust, the beneficiary is viewed as the substantive owner of property held under trust, even as the trustee holds legal title to the property and is the only party who is able to perform the legal functions associated with ownership. In the mixed legal systems of Quebec and of Japan, the juristic pathways to the beneficiary’s substantive ownership are vastly different. In the case of Japan, arguably the ‘patrimony’ conception is applicable, whereas in Quebec the new ‘ownerless’ trust departed significantly from the problems associated with the trustee’s ‘ownership’ of property u

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Van Dyk, Herman, and Danie Calitz. "An Analysis Of The Risks Associated With Estate Duty In Retaining Control Over Trust Assets." Journal of Applied Business Research (JABR) 32, no. 5 (September 1, 2016): 1375. http://dx.doi.org/10.19030/jabr.v32i5.9766.

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The use of trusts to minimise estate duty and other taxes has recently come under scrutiny from government. The DTC has proposed amendments to income tax legislation to serve as a deterrent against using trusts to avoid estate duty. Such amendments will, however, only discourage the use of trusts if the trust assets generate a significant amount of income and the donor of the assets or the beneficiaries of the trust have little or no other taxable income.The objective of this paper is to identify the estate duty risks associated with retaining control over trust assets. It was concluded that t

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4

Nobles, Richard. "Pensions as property." Legal Studies 14, no. 3 (November 1994): 345–63. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00508.x.

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The overwhelming majority of employees who are members of occupational pension schemes belong to what are called ‘defined benefit’ schemes. These schemes provide for their members to receive a benefit defined by reference to a member’s salary at the date of their retirement or, if they change jobs, the salary paid just prior to their leaving. This article examines the rights of the members of defined benefit schemes. In particular, it considers claims by scheme members that the pension funds which secure their pensions represent their deferred pay, and that these funds are, in some meaningful

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5

Peart, Nicola. "The Property (Relationships) Act 1976 and Trusts: Proposals for Reform." Victoria University of Wellington Law Review 47, no. 3 (November 1, 2016): 443. http://dx.doi.org/10.26686/vuwlr.v47i3.4792.

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Trusts often have the effect of undermining the social aims of the Property (Relationships) Act 1976. In the absence of legislative action, the courts have been sympathetic to a range of arguments aimed at accessing trust assets that would have been subject to division between the parties but for the trust. None of these judicial responses adequately addresses the current deficiencies of the Property (Relationships) Act or the potential detriment to trusts and their beneficiaries. This paper considers a range of potential reforms and argues that any reform should seek to strike a balance betwe

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6

Newell, Graeme, Ting Hwa, and Peter Acheampong. "Listed Property Trusts in Malaysia." Journal of Real Estate Literature 10, no. 1 (January 1, 2002): 109–18. http://dx.doi.org/10.1080/10835547.2002.12090104.

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7

Abdullah, Luqman, Nor Fahimah Mohd Razif, Muhammad Ikhlas Rosele, Abdul Karim Ali, and Noor Naemah Abdul Rahman. "Muslim’s trust property issues in Malaysia: A preliminary study." Journal of Emerging Economies and Islamic Research 7, no. 2 (May 31, 2019): 66. http://dx.doi.org/10.24191/jeeir.v7i2.8766.

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Wealth or property is an essential part of Muslim life whether it is related to religious affairs or life preservation. Therefore, the trust property management aspect should be emphasized in preserving the benefits of society, especially Muslims. For this reason, this study will review the management of Muslim property trusts in Malaysia and issues related to it. This study was conducted based on a qualitative approach in identifying issues that arose in the management of property trusts. The findings show that there are some issues especially in the management of zakat, waqf, bequeathal and

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8

Saksonov, Vladyslav, and Kostyantyn Romashchenko. "Legal structure “law of trusts” in the civil legislation of Ukraine." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 2, no. 2 (June 3, 2020): 120–26. http://dx.doi.org/10.31733/2078-3566-2020-2-120-126.

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The article gives the legal characteristics of the newly introduced structure "law of trusts" in the civil legislation of Ukraine. The current status and possible prospects for the development of this legal institution in our state are clarified. In particular, the two-fold character of the legal nature and the ambiguity of the assessment of “law of trusts” were noted. Firstly, as a type (Article 546 of the Civil Code of Ukraine) and a method (Article 597 of the Civil Code of Ukraine) of guaranteeing the fulfillment of an obligation. Secondly, as a special type of property right (Article 316 o

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9

Cameron, Edwin. "Constructive Trusts in South African Law: The Legacy Refused." Edinburgh Law Review 3, no. 3 (September 1999): 341–58. http://dx.doi.org/10.3366/elr.1999.3.3.341.

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This paper was first presented on 19 October 1996 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of constructive trusts. Although trusts are a distinctively Common Law institution, seemingly incompatible with Civilian concepts of property, trust law has been received in the mixed South African legal system. But constructive trusts have found no place in South African trust law, in the view of the author, rightly so. Much of the work performed by the constructive trust can be achieved through the law of obligations, while the ac

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10

Clarry, Daniel. "FIDUCIARY OWNERSHIP AND TRUSTS IN A COMPARATIVE PERSPECTIVE." International and Comparative Law Quarterly 63, no. 4 (October 2014): 901–33. http://dx.doi.org/10.1017/s0020589314000463.

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AbstractOwnership is an essential feature of trusts that serves as a useful analytical and comparative tool in order to cross legal traditions and compare different legal institutions, which to a greater or lesser extent serve similar socio-economic and legal functions. The concentration on ownership enables one to burrow down into the normative roots of different legal traditions. This article comprises three substantive parts: first, characterizing ownership and the manner in which this concept distinguishes the civil and common law traditions; second, contextualizing ownership in relation t

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11

Stępkowski, Aleksander. "ROZWÓJ INSTYTUCJI TRUSTU W PRAWIE SZKOCKIM." Zeszyty Prawnicze 4, no. 1 (May 30, 2017): 91. http://dx.doi.org/10.21697/zp.2004.4.1.06.

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Development of the Law of Trusts in ScotlandSummaryThe earliest indisputable traces of trusts law in Scotland may be found in reports from the first half of the XVH‘h century. There are several examples of even earlier dispositions to which a fiduciary character might be ascribed, coming from the XV,h and XVTh centuries. Nevertheless, we are not able to state categorically that these represent examples of trusts, since there is nothing about priority of beneficiary's rights in respect to trust property, before trustee’s personal creditors, whereas it seems to be today differentiam specificam d

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12

Wong, Simone. "Constructive trusts over the family home: lessons to be learned from other commonwealth jurisdictions?" Legal Studies 18, no. 3 (September 1998): 369–90. http://dx.doi.org/10.1111/j.1748-121x.1998.tb00023.x.

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Ownership of the family home is usually not disputed until either the relationship between the spouses or cohabitants breakdown or there is a competing claim over the property by a third party. In such circumstances, determination of ownership rights becomes imperative. The Matrimonial Causes Act 1973 gives the courts adjustive powers to deal with disputes between spouses on the breakdown of the marriage. Notwithstanding this, there may be circumstances where it will be necessary or desirable to determine property rights between spouses. Furthermore, the adjustive powers of the courts are not

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13

Peart, N., M. Henaghan, and G. Kelly. "Trusts and relationship property in New Zealand." Trusts & Trustees 17, no. 9 (September 24, 2011): 866–82. http://dx.doi.org/10.1093/tandt/ttr111.

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14

Lin Lee, Chyi, Richard Reed, and Jon Robinson. "Momentum Profits in Australian Listed Property Trusts." Pacific Rim Property Research Journal 13, no. 3 (January 2007): 322–43. http://dx.doi.org/10.1080/14445921.2007.11104236.

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15

Braun, Alexandra. "The Risk of Misusing Trusts: Some Lessons from the Italian Experience." European Review of Private Law 24, Issue 6 (December 1, 2016): 1119–39. http://dx.doi.org/10.54648/erpl2016066.

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In the course of the past decade, several European legislatures have introduced devices into their legal systems that are functionally similar to trusts, including the Czech Republic, which has inserted a new set of provisions into its new Civil Code. Such developments are sometimes accompanied by fears that trusts might be misused or abused. Some of the concerns commonly raised about trusts are that trustees could misappropriate trust property to the detriment of beneficiaries, or that trusts could be used to shield assets from creditors, spouses or forced heirs of the settlor. Other fears ar

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16

Wilde, David. "THE THREE CERTAINTIES REQUIRED TO DECLARE A TRUST – OR IS IT FOUR? “DISTRIBUTIONAL CERTAINTY”." Cambridge Law Journal 79, no. 2 (May 14, 2020): 349–59. http://dx.doi.org/10.1017/s0008197320000264.

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AbstractThis article argues certainty in trusts is better understood by recognising a fourth certainty: “distributional certainty”. Distributional certainty is required in private trusts that involve dividing the property between beneficiaries: their shares must be clear. Distributional uncertainty is not, as usually understood, merely an instance of uncertainty of property: it has differing consequences, special resolution techniques, and may explain “administrative unworkability” in discretionary trusts. Distributional certainty is not required in charitable trusts. But this is not, as usual

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17

Dixon, Martin. "TO SELL OR NOT TO SELL: THAT IS THE QUESTION THE IRONY OF THE TRUSTS OF LAND AND APPOINTMENT OF TRUSTEES ACT 1996." Cambridge Law Journal 70, no. 3 (November 2011): 579–606. http://dx.doi.org/10.1017/s0008197311000869.

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The 1925 property statutes, particularly the Settled Land Act 1925 and the original sections 30 to 36 Law of Property Act 1925, were premised on a fairly narrow view of the prevalence and purpose of co-owned land. Successive interests either fell within the awkward provisions of the Settled Land Act 1925 or were organised under a trust for sale within the ambit of the Law of Property Act 1925. Concurrent co-ownership could exist, also under a trust for sale, but the Law of Property Act 1925 was premised on the assumption that such trusts would be expressly created, with readily identifiable be

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18

Harpum, Charles. "The Uses and Abuses of Constructive Trusts: The Experience of England and Wales." Edinburgh Law Review 1, no. 4 (September 1997): 437–63. http://dx.doi.org/10.3366/elr.1997.1.4.437.

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This paper, which was first given on 19 October 1996 at a seminar on constructive trusts organised by the Universities of Edinburgh and Strathclyde with the Scottish Law Commission, examines the role that constructive trusts play in English law. It explains the amorphous nature of such trusts, how they are rooted in concepts of equity and conscience, and how they are often imposed in accordance with equity's traditional grounds for intervention. The central thesis of the paper is that a constructive trust, when imposed, will cause the trustee to become subject to one or more fiduciary obligati

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19

Канашевский, Владимир, and Vladimir Kanashevskiy. "The Concept of Beneficial Ownership in Russian Judicial Practice (Private Law Aspects)." Journal of Russian Law 4, no. 9 (August 29, 2016): 0. http://dx.doi.org/10.12737/21218.

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The author studies the definitions and features of the concept of “beneficial ownership” and its application by Russian courts. Although the Russian civil law does not recognize the concept of beneficial ownership which comes from the English law of equity, this concept is beginning to be recognized by Russian judicial practice, in particular, in the recent resolutions of the Russian Supreme Court of the Russian Federation. The cases in question relate to the division of the joint property acquired by spouses during the marriage (the Russian courts consider the property (assets) of the offshor

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20

Atkins, Scott. "Solomon v McCarthy: unwritten trusts of land." Trusts & Trustees 26, no. 4 (April 12, 2020): 372–76. http://dx.doi.org/10.1093/tandt/ttaa013.

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Abstract Unwritten trusts of land have always been troublesome, given that they prima facie infringe the writing requirement set out in section 53 (1) (b) of the Law of Property Act 1925. Ways around the problem exist, so that an unwritten trust may be recognised, but those ways usually rely on an implied trust (which does not require writing under section 53 (2) of the Law of Property Act 1925) or the court to disapply the writing requirement by invoking the maxim that equity will not permit a statute to be used as an instrument of fraud. The latter principle has been recognised as applying w

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21

Graham, T. "Protecting assets from divorce--trusts and nuptial agreements: offshore trusts and community property." Trusts & Trustees 18, no. 7 (July 30, 2012): 634–51. http://dx.doi.org/10.1093/tandt/tts064.

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22

Chong, Adeline. "The Common Law Choice of Law Rules for Resulting and Constructive Trusts." International and Comparative Law Quarterly 54, no. 4 (October 2005): 855–83. http://dx.doi.org/10.1093/iclq/lei040.

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There is a dearth of authority and in-depth discussion concerning what the choice of law rules are for claims involving the assertion that property is held on a resulting or constructive trust. It is usually thought that the choice of law rules set out by the Hague Convention on the Law Applicable to Trusts and on their Recognition (hereafter the ‘Hague Trusts Convention’), as enacted into English law by the Recognition of Trusts Act 1987, apply. However, it is arguable that this is not so for some types of resulting and constructive trusts, namely those governed by a foreign law; or, at the v

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23

Swadling, William. "A new role for resulting trusts?" Legal Studies 16, no. 1 (March 1996): 110–31. http://dx.doi.org/10.1111/j.1748-121x.1996.tb00402.x.

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As Millett LJ recently remarked, there can be no doubt that ‘the most difficult question’ to be solved in the law of restitution is the exact circumstances in which a proprietary restitutionary remedy will be available to a restitutionary claimant. The boundary between restitution and property is still largely unmapped and continues to generate controversy. What is needed is a comprehensive and systematic enquiry into the effects that the various restitutionary factors (mistake, duress, failure of consideration and so on) have on the passing of property between plaintiff and defendant. That, h

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24

Wall, Jesse. "The functional–formal impasse in (trust) property." International Journal of Law in Context 14, no. 3 (August 29, 2017): 437–53. http://dx.doi.org/10.1017/s1744552317000295.

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AbstractThis paper identifies an impasse between two conceptions of ‘property rights’. Formal conceptions explain ‘property rights’ in terms of an alienable right to exclude, that has moral significance in terms of individuals’ preference satisfaction, and describe a trust beneficiary as having a right against the trustees’ right. Functional conceptions explain a ‘property right’ in terms of the entitlements in a resource, which has moral significance in terms of a range of individual and social values, and describe a trust beneficiary as having a share in entitlements in the resource. This im

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25

Hwang, In Gyu. "Study on the Improvement of Public Trust Taxation System." KOREAN SOCIETY OF TAX LAW 7, no. 2 (June 30, 2022): 5–58. http://dx.doi.org/10.37733/tkjt.2022.7.2.5.

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The Public Trust Act (“PTA”) was enacted in 2014 and came into effect in 2015. According to the PTA, a public trust is a trust under the Trust Act which mainly engages in public services and has been approved by the Minister of Justice. The Minister of Justice discloses the status of approved public trusts pursuant to the PTA, and as of May 2022, a total of 33 public trusts have been identified. The total entrusted amount in Korea’s trust business has increased rapidly, reaching KRW 1,166.7 trillion as of December 2021. On the other hand, the growth of public trusts has not reached that

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Lin Lee, Chyi, Jon Robinson, and Richard Reed. "Listed property trusts and downside systematic risk sensitivity." Journal of Property Investment & Finance 26, no. 4 (July 11, 2008): 304–28. http://dx.doi.org/10.1108/14635780810886627.

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27

Ellingham, Ian. "Authorized property unit trusts and the Canadian experience." Journal of Property Finance 6, no. 1 (March 1995): 28–37. http://dx.doi.org/10.1108/09588689510088168.

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Newell, Graeme. "Factors Influencing the Performance of Listed Property Trusts." Pacific Rim Property Research Journal 11, no. 2 (January 2005): 211–27. http://dx.doi.org/10.1080/14445921.2005.11104183.

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Buyadzhу, G. "EVOLUTION OF THE FIDUCIARY RELATIONSHIP DOCTRINE IN INDEPENDENT UKRAINE: FROM COMPLETE OBJECTION TO IMPLEMENTATION INTO CURRENT LEGISLATION." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 118 (2021): 9–14. http://dx.doi.org/10.17721/1728-2195/2021/3.118-2.

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The article addresses the development of the fiduciary relationship doctrine in Ukraine. Primarily, the paper covers the alteration in understanding the idea of trust and other trust-like constructions by Ukrainian society from the 90s of the XX century to present time. The purpose of the article is to highlight the main stages of and approaches to understanding of fiduciary relationship in general and trust and other trust-like constructions in particular, as well as to analyse their common and distinctive features in comparison to related legal institutions and to determine the prospects for

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30

Swadling, William. "Trusts and Ownership: A Common Law Perspective." European Review of Private Law 24, Issue 6 (December 1, 2016): 951–72. http://dx.doi.org/10.54648/erpl2016058.

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In the trust institution introduced by the new Czech Civil Code, ‘ownership’ of trust ‘property’ is vested in no-one. What motivates this provision seems to be the view that the common law trust involves a division of ownership, but that such is prohibited in Czech law generally. The purpose of this article is to demonstrate that the idea of the common law trust involving a division of ownership is false. Indeed, English law does not even have a concept of ownership. It instead deals with rights, but even so, these rights are not split when held on trust. The question is how, if at all, these

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31

Sepp, Katrin. "Legal Arrangements Similar to Trusts in Estonia under the EU’s Anti-money-laundering Directive." Juridica International 26 (November 13, 2017): 56. http://dx.doi.org/10.12697/ji.2017.26.06.

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According to EU Directive 2015/849, all Member States must establish a central register of data on ultimate beneficial owners of corporate legal entities and also of trusts and legal arrangements similar to trusts. First of all, this requires identification of the latter arrangements in the individual Member States, which is not an easy task: the definition related to being ‘similar to trusts’ is quite vague. The main aim with the article was to determine the arrangements in Estonian private law that should be considered in implementation of the UBO-register rules. Therefore, a brief overview

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32

Orawiec, Bartłomiej. "ENGLAND: DID THE DECISION OF THE SUPREME COURTIN THE CASE OF JONES V KERNOTT CLARIFY THE LAWIN RELATION TO TRUSTS OF THE FAMILY HOME?" Review of European and Comparative Law 28, no. 1 (March 15, 2017): 85–127. http://dx.doi.org/10.31743/recl.4313.

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This dissertation will focus on common intention constructive trusts in relation to shared ownership of the family home predominantly in relation to unmarried couples. These trusts are particularly important because as opposed to married couples where the court may determine a couple’s financial and property issues upon divorce using the provisions of the Matrimonial Causes Act 1973, the position of unmarried couples is not covered by any legislation and so judges need to refer back to case law and property law in order to establish the equitable ownership of property.

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Karlović, Tomislav. "Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition." Zbornik radova Pravnog fakulteta u Splitu 55, no. 3 (October 3, 2018): 579–605. http://dx.doi.org/10.31141/zrpfs.2018.55.129.579.

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Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference

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34

Manthwa, Aubrey, and Paul Nkoane. "In Joint Matrimony We Share: Controlling the Powers to Use the Trust to Limit Matrimonial Property Rights in South African Law." South African Mercantile Law Journal 33, no. 1 (2021): 89–111. http://dx.doi.org/10.47348/samlj/v33/i1a4.

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The deceitful use of trusts has created a fair amount of controversy, specifically where it has appeared that a trust has been employed to limit the rights of third parties. This article argues that it is in the interests of the law to ensure that rights are vindicated when unlawfully limited. Similarly, it is in the interest of the common good that legitimately acquired rights are protected. Trust laws state that there must be a separation between control and enjoyment and, in cases where there is no separation, the courts may scrutinise the affairs of a trust. Recent developments have illust

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Howieson, Bryan. "Beyond Redemption: The Reporting Practices Of Unlisted Property Trusts." Australian Accounting Review 1, no. 3 (May 1992): 21–27. http://dx.doi.org/10.1111/j.1835-2561.1992.tb00126.x.

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Lantushenko, Viktoriya, and Edward Nelling. "Institutional Property-Type Herding in Real Estate Investment Trusts." Journal of Real Estate Finance and Economics 54, no. 4 (March 4, 2016): 459–81. http://dx.doi.org/10.1007/s11146-016-9553-4.

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Newell, Graeme, and Ian MacIntosh. "Currency Risk Management Practices by Australian Listed Property Trusts." Pacific Rim Property Research Journal 13, no. 2 (January 2007): 213–33. http://dx.doi.org/10.1080/14445921.2007.11104231.

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38

Wall, Jessie. "Taking the Bundle of Rights Seriously." Victoria University of Wellington Law Review 50, no. 4 (December 2, 2019): 733. http://dx.doi.org/10.26686/vuwlr.v50i4.6308.

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After a painfully long set up, that attempts to ground three claims about property law (in general) and the nature of the beneficial interest (in particular), this article considers two arguments about the law of discretionary trusts. The first is the bundle of rights argument. This argument concerns the interpretation of "property" in legislative provisions. It suggests that where legislation is concerned with the structure of the social relationships that property institutions facilitate (rather that the juridical structure of rights and duties under property law), interpretations regarding

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39

Russell QC, David. "Trusts and foundations move onshore in the Gulf." Trusts & Trustees 27, no. 4 (May 1, 2021): 311–20. http://dx.doi.org/10.1093/tandt/ttab016.

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Abstract Commencing in the 7th-century CE, the notion developed in Islamic jurisprudence that property, although legally owned by a person, might nonetheless be subjected to enforceable obligations that it be utilised for the benefit of specific purposes (usually religious) or, later, for individuals, be they the recipients of charity or family members. Such property was said to be in detention (“waqf”). Later, similar legal concepts developed in the common law world (in the form of trusts) and the civil law world (in the form of foundations). In the Gulf Co-operation Council (GCC) states (the

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40

Follan, Patrick J. "A Strange Genesis: Section 2 of the Trusts (Scotland) Act 1961." Edinburgh Law Review 24, no. 3 (September 2020): 323–41. http://dx.doi.org/10.3366/elr.2020.0648.

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In all jurisdictions which recognise the trust, a third party who receives trust property in breach of trust will be protected from a claim by the trust beneficiary only if in good faith. The sole exception is Scotland. In Scots law, a third party is secure even if they take in bad faith (that is, knowing that the property was transferred in breach of trust). This exceptional protection was created by section 2 of the Trusts (Scotland) Act 1961, a provision which, in its distinctiveness, is of significance to the Scottish law of trusts as well as of major comparative relevance. The purpose of

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41

Mee, John. "PRESUMED RESULTING TRUSTS, INTENTION AND DECLARATION." Cambridge Law Journal 73, no. 1 (March 2014): 86–112. http://dx.doi.org/10.1017/s0008197314000038.

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AbstractRejecting the competing positions of Swadling and Chambers, this article argues that the law of presumed resulting trusts reflects a very old rule that, upon a voluntary transfer, the fate of the beneficial interest in the property depends on the intention of the transferor. The case law shows that the presumption is of an intention to create a trust for the transferor or provider of the purchase money. It makes no difference if, reflecting the historically important concept of “retention”, this is phrased in negative terms as a presumption that the intention of the transferor was not

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Kurtulan Güner, Gökçe. "Rethinking the Need for Commercial Trusts in Civil Law Jurisdictions." European Review of Private Law 29, Issue 3 (July 1, 2021): 463–88. http://dx.doi.org/10.54648/erpl2021024.

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In this article, the need for the adoption of trusts into civilian jurisdictions has been analysed by placing a special focus on commercial trusts. It has been argued that, the trust may offer an added value for these legal systems as it is more advantageous in terms of asset management, investment and financing purposes. In the context of asset management and investment, the trust is compared with the fiduciary contract and even though both legal instruments serve the purpose of separating management and beneficial ownership; it has been concluded that the trust fulfils this function more suc

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Morris, Rupert, and Jessica Clark-Jones. "I’ve got the power: Saunders v Vautier in the context of massively discretionary trusts." Trusts & Trustees 28, no. 1 (December 8, 2021): 19–28. http://dx.doi.org/10.1093/tandt/ttab098.

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Abstract In two judgments in 2019 and 2020, the Guernsey Court of Appeal upheld the judgment of the Guernsey Royal Court in Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited and Pullborough International Corp [2019] GRC 011 in relation to the statutory “Saunders v Vautier” provisions under the Trusts (Guernsey) Law, 2007. The position, in Guernsey at least, remains therefore that beneficiaries of a discretionary trust can require trustees to terminate a trust and distribute the trust property, even in circumstances where a broad power to add further (unspecified) benefic

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Dernbach, John. "The Role of Trust Law Principles in Defining Public Trust Duties for Natural Resources." University of Michigan Journal of Law Reform, no. 54.1 (2021): 77. http://dx.doi.org/10.36646/mjlr.54.1.role.

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Public trusts for natural resources incorporate both limits and duties on governments in their stewardship of those natural resources. They exist in every state in the United States—in constitutional provisions, statutes, and in common law. Yet the law recognizing public trusts for natural resources may contain only the most basic provisions—often just a sentence or two. The purpose and terms of these public trusts certainly answer some questions about the limits and duties of trustees, but they do not answer all questions. When questions arise that the body of law creating or recognizing a pu

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Rae, Emma, and Michael Cavanaugh. "Book Review: Kerry Ayers and Peter Wyllie Trusts and Relationship Property." Victoria University of Wellington Law Review 35, no. 3 (October 1, 2010): 773. http://dx.doi.org/10.26686/vuwlr.v35i3.5714.

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Sándor, István. "Different Types of Trust from an Ownership Aspect." European Review of Private Law 24, Issue 6 (December 1, 2016): 1189–216. http://dx.doi.org/10.54648/erpl2016069.

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The Anglo-Saxon legal institution of a trust is generally regarded as unique because of the simultaneous existence of a legal and equitable title. Legal systems based on Roman law recognize only the unity of ownership, which acts as the chief impediment to the introduction of trusts. Legislators in civil law and mixed jurisdiction countries discovered the relevant advantages of trusts in the economy and in the private sphere, therefore they tried to create similar institutions that could fulfil the same function. The aim of this study is to present a view and a comparative law analysis of the

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Liao, Xuemei, Zhi Dong, and James Young. "Earnings Management: A Case of New Zealand Listed Property Trusts." Pacific Rim Property Research Journal 17, no. 1 (January 2011): 92–109. http://dx.doi.org/10.1080/14445921.2011.11104319.

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Penner, J. E. "The (True) Nature of a Beneficiary’s Equitable Proprietary Interest under a Trust." Canadian Journal of Law & Jurisprudence 27, no. 2 (July 2014): 473–500. http://dx.doi.org/10.1017/s0841820900006433.

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In recent years Chambers, Smith, McFarlane and Stevens have all sought to explain the nature of equitable proprietary rights by way of the concept of a ‘right to (or ‘in’, or ‘against’) a right’. In this paper I argue that there is a sense in which this conceptualisation of the beneficiary’s equitable proprietary under a trust is illuminating, but that, rather than a right to the trustee’s possessory interest in tangible property, the ‘rights’ of the trustee in which the beneficiary is interested are the trustee’s powers of title. I also contend, in a ‘fusionist’ spirit, that equitable propert

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Rey-Bear, Daniel, and Matthew Fletcher. "We Need Protection from Our Protectors: The Nature, Issues, and Future of the Federal Trust Responsibility to Indians." Michigan Journal of Environmental & Administrative Law, no. 6.2 (2017): 397. http://dx.doi.org/10.36640/mjeal.6.2.we.

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The federal trust responsibility to Indians essentially entails duties of good faith, loyalty, and protection. While often thought of as unique to federal Indian policy, it developed from and reflects common law principles of contracts, property, trusts, foreign relations/international law, and constitutional law. However, several issues preclude a greater understanding and implementation of the federal trust responsibility. These include Executive Branch efforts to avoid liability, neocolonial judicial activism, and episodic congressional attention. Enactment of legislation to reaffirm and mo

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Traest, Michael. "Jonathan Harris, The Hague Trust Convention. Scope, Application and Preliminary Issues, Oxford – Portland Oregon, Hart Publishing, 2002, 529 pp." European Review of Private Law 11, Issue 2 (April 1, 2003): 264–66. http://dx.doi.org/10.54648/erpl2003017.

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This book is the first monograph published in England devoted to a detailed analysis of the Hague Convention on the Law Applicable to Trusts and on their Recognition, concluded in The Hague on 1 July 1985. It is divided into two parts. The first one deals with the private international law rules concerning the creation of transnational trusts. This part is also named “Launching the Rocket.” In doing so the author refers to the image of the rocket-launcher and the rocket regularly invoked in relation to transnational trusts. As indicated by the author, the former concerns those preliminary matt

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