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Journal articles on the topic 'Trust'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

Goldsworth, J. "Opinion: Trusts and Trust." Trusts & Trustees 2, no. 5 (1996): 2. http://dx.doi.org/10.1093/tandt/2.5.2.

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2

Kelly, Adam. "Trusts, Trust, and Trust: Hernan Diaz’s Liberal Pedagogy." American Literary History 36, no. 2 (2024): 489–515. http://dx.doi.org/10.1093/alh/ajae033.

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Abstract This article reads Hernan Diaz’s Trust as a contemporary commentary on, and reimagining of, literature’s entanglements with capitalism, liberalism, finance, and law. Beginning with an outline of the history of legal and corporate trusts and connecting that history to the rise of the modern novel, the article spotlights the complex role played by the notion of trust in Diaz’s metafictional text. Trust tells the story of a Wall Street financier, his philanthropist wife, and the ghostwriter of his memoir through a four-part structure, moving from a realist novel called Bonds through two

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3

Duin, Hjalmar M. C., and Wino J. M. van Veen. "Dutch Trusts and Trust-Like Arrangements." European Review of Private Law 24, Issue 6 (2016): 973–93. http://dx.doi.org/10.54648/erpl2016059.

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Although the trust, as such, is not a legal concept in Dutch law and is difficult to fit into the current Dutch legal framework, there are certain Dutch legal concepts that share characteristics of a trust or that share the functionality of the trust. In this contribution, the subject matter of trusts in Dutch law is approached both from the perspective of trust characteristics as well as from the perspective of the functionality of the trust as a concept. This research is not only of interest for academic purposes, but also in the context of potential future legislation introducing the trust

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4

Lim, Chaewoong. "A Study on Trusts as a Method to Protect Environment - Public Trust, Charitable Trust and National Trust -." Korean Lawyers Association Journal 59, no. 3 (2010): 5–66. http://dx.doi.org/10.17007/klaj.2010.59.3.001.

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5

Hackley, Chris. "Review Article: In Trusts We Trust." Business Ethics: A European Review 9, no. 2 (2000): 119–21. http://dx.doi.org/10.1111/1467-8608.00181.

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6

Wild, Thomas. "Der Trost, der im „trust“ steckt." Wege zum Menschen 72, no. 4 (2020): 287–300. http://dx.doi.org/10.13109/weme.2020.72.4.287.

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7

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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8

노자은 and 김현주. "Trust in adolescents: Specific trust, general trust, public trust." Studies on Korean Youth 26, no. 2 (2015): 177–207. http://dx.doi.org/10.14816/sky.2015.26.2.177.

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9

Probert, Thomas. "A Lost Opportunity? Omission of the Illusory Trust Doctrine from the Trusts Act 2019." Victoria University of Wellington Law Review 50, no. 4 (2019): 681. http://dx.doi.org/10.26686/vuwlr.v50i4.6307.

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This article considers the role of the illusory trust doctrine in New Zealand. It argues that the illusory trust doctrine should be incorporated into the Trusts Act 2019. Incorporating the illusory trust will enhance clarity in New Zealand's law of trusts by providing the courts with a conceptually coherent method to assess the permissible boundaries of the trust. This article explores the differing views of illusory trusts in the context of the Trusts Act and in light of policy concerns. The "no meaningful accountability" view of illusory trusts is identified as the best formulation of the do

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10

Zhang, Ruiqiao. "Changes and Challenges of the Role of a Trustee in a Commercial Context: Does this Separate Commercial Trusts from Trusts?" Business Law Review 42, Issue 6 (2021): 262–71. http://dx.doi.org/10.54648/bula2021037.

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As well as acting as a guardian of family assets, trusts have increasingly become a commercial device to manage portfolios of financial assets. One of the most dramatic transformations of a role that has accompanied the evolution of trusts has been that of the trustee. The objective of this article is to examine the key changes and challenges that the commercial use of trusts has brought to the trustee’s role and to answer whether or not those changes or challenges suggest the separation of commercial trusts from trusts. I argue that the role of a trustee in a commercial context has developed

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11

von Segesser, Georg, and Katherine Bell. "Arbitration of Trust Disputes." ASA Bulletin 35, Issue 1 (2017): 10–39. http://dx.doi.org/10.54648/asab2017003.

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Trusts instruments are nowadays widely used for commercial purposes. Although news coverage surrounding offshore leaks have had a negative impact on the public perception of trusts, this is but one very specific aspect of trusts and disregards the fact that trusts are used for many legitimate purposes and with full fiscal transparency. The article explains the characteristics of trusts and the fact that in recent years they have reached civil law legal systems and are no longer confined within their traditional borders of common law. The Hague Convention on the Law Applicable to Trusts and the

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12

Ning, Zhao. "The Core Elements of the Trusts: From the Start of Three International Documents." Philosophy and Social Science 1, no. 4 (2024): 114–22. http://dx.doi.org/10.62381/p243417.

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The extensive application of trusts and trust laws has demonstrated that trusts, as an institutional tool with functional advantages in the realm of private wealth inheritance, on the one hand, offer an innovative framework for the transfer and management of personal assets. This serves as a valuable reference for non-trust law jurisdictions, displaying the distinctive structure of rights and obligations. On the other hand, for trust law countries, trusts born in different jurisdictions call for the adjustment and regulation of unified rules. Researching the core elements of the trusts can con

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13

Byongsam Jung, Byongsam Jung. "Effect of the Korean Adolescents’ Personal Trust on Social Trust and Public Trust." Korea Association for Public Value 6 (June 30, 2024): 41–48. http://dx.doi.org/10.53581/jopv.2023.6.1.41.

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Purpose: This study aims to identify the effect of Korean adolescents’ personal trust on social trust and public trust. Method: To accomplish the research purpose, the researchers analyzed panel data collected from 5,740 participants, encompassing Korean elementary, middle, and high school students nationwide. This data was collected through stratified cluster sampling by the Korea Youth Policy Institute. To test three research hypotheses, structural equation modeling (SEM) analysis was applied, and the results are as follows: Results: First, Korean adolescents' perceived personal trust had a

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14

Thorpe, Chris. "Bare Trusts—Outside the Tax Door?" Amicus Curiae 6, no. 3 (2025): 501–12. https://doi.org/10.14296/ac.v6i3.5781.

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For tax purposes, bare trusts are effectively ignored—they are transparent, the beneficiary is treated as the real owner of the trust asset with any income arising therefrom taxed upon them. However, it is still a trust; whilst discretionary and interest in possession trusts (which I shall call “ordinary express trusts”) are subject to special rules with trustees subject to tax, these rules do not apply to bare trusts when, in many cases, the trustees may have similar custodial duties. Also, bare trusts are subject to anti-money laundering regulations and, for tax purposes, adopt other guises

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15

Harrison, Judy. "The distribution of mental health services within NHS trusts." Psychiatric Bulletin 18, no. 8 (1994): 469–71. http://dx.doi.org/10.1192/pb.18.8.469.

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From April 1994, over 95% of health care services will be provided by NHS trusts. Mental Health services have a choice of remaining within the acute hospital trust or forming part or all of a community trust. Using data from trust directories, the distribution of mental health services within the first three trust waves is described. Forty per cent of acute hospital trusts currently do not include mental health services. Unlike other specialities, a significant proportion of mental health services are choosing to form specialist mental health trusts. The implications of the alternative trust a

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16

Parkinson, Patrick. "RECONCEPTUALISING THE EXPRESS TRUST." Cambridge Law Journal 61, no. 3 (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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17

Harris, Lauren, and Emily Jefferson. "On the Trusts and Succession (Scotland) Bill: Modernisation and Transformation." Trusts, no. 5 (October 4, 2023): 908–19. http://dx.doi.org/10.35948/1590-5586/2023.421.

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The author’s view The proposed reform under the Trusts and Succession (Scotland) Bill seeks to put a certain view of the modern function of trusts law on a legislative footing. It takes significant inspiration from jurisdictions which have a predominantly commercial trust regime. Two types of reform are evident in the Bill. At times it modernises the traditional Scottish trust in line with a commercial functional evolution. However, through the introduction of new parties (the protector and the supervisor) and a new offshore style trust (the private purpose trust), the reform may more accurate

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18

Mitchell, Alex J., and John Gill. "Research productivity of staff in NHS mental health trusts: comparison using the Leiden method." Psychiatric Bulletin 38, no. 1 (2014): 19–23. http://dx.doi.org/10.1192/pb.bp.113.042630.

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Aims and methodTo examine research productivity of staff working across 57 National Health Service (NHS) mental health trusts in England. We examined research productivity between 2010 and 2012, including funded portfolio studies and all research (funded and unfunded).ResultsAcross 57 trusts there were 1297 National Institute for Health Research (NIHR) studies in 2011/2012, involving 46140 participants and in the same year staff in these trusts published 1334 articles (an average of only 23.4 per trust per annum). After correcting for trust size and budget, the South London and Maudsley NHS Fo

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19

Hwang, In Gyu. "Study on the Improvement of Public Trust Taxation System." KOREAN SOCIETY OF TAX LAW 7, no. 2 (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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20

Tarini, Federico, and Maddalena Cecci. "'Born in the USA': la tassazione delle attribuzioni da trust statunitensi a favore di beneficiari residenti in Italia." N° 4 (luglio-agosto), no. 4 (August 1, 2024): 680–92. http://dx.doi.org/10.35948/1590-5586/2024.616.

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Tesi La particolare qualificazione fiscale dei trust statunitensi, caratterizzata dalla contrapposizione fra grantor e non grantor trust, è in grado di influenzare il trattamento fiscale a questi riservato per le attribuzioni effettuate a favore di beneficiari residenti in Italia, sia ai fini dell’imposizione diretta che indiretta. Analizzando le due categorie è possibile intercettare le diverse implicazioni fiscali che scaturiscono. In particolare, sia ai fini delle imposte dirette che per le imposte indirette, occorrerà prestare particolare attenzione alla scelta di utilizzare un grantor tru

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21

Lloyd-Smith, Walter. "Misplaced Trust? Occupational Therapy and NHS Trusts." British Journal of Occupational Therapy 57, no. 2 (1994): 40–44. http://dx.doi.org/10.1177/030802269405700202.

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The present governmental reforms of the National Health Service are the most far-reaching to date and have fundamental implications for health professionals. The focus of this article is to raise some of these issues in relation to occupational therapy. The introduction of trusts, the purchaser/provider split and the internal market are some of the mechanisms by which the government hoped to tackle the funding crisis of the late 1980s. These reforms have been operating since 1991, but little has been published on the impact of the self-governing trust movement on occupational therapy. Some obs

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22

Goldsworth, J. "Trust Practice: A Better Definition of Trusts." Trusts & Trustees 6, no. 4 (2000): 34–36. http://dx.doi.org/10.1093/tandt/6.4.34.

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23

Hudson, Bob. "Ten Reasons not to Trust Care Trusts." Journal of Integrated Care 10, no. 2 (2002): 3–11. http://dx.doi.org/10.1108/14769018200200013.

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24

Mooradian, Todd, Birgit Renzl, and Kurt Matzler. "Who Trusts? Personality, Trust and Knowledge Sharing." Management Learning 37, no. 4 (2006): 523–40. http://dx.doi.org/10.1177/1350507606073424.

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25

Hsu, Christopher. "Eastern Trusts, Western Contracts: The Transition from Contract to Trust in China’s Trust Industry." European Business Organization Law Review 17, no. 1-2 (2016): 173–93. http://dx.doi.org/10.1007/s40804-016-0033-3.

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26

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 (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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27

Liu, Guanfeng, Yan Wang, and Mehmet Orgun. "Trust Transitivity in Complex Social Networks." Proceedings of the AAAI Conference on Artificial Intelligence 25, no. 1 (2011): 1222–29. http://dx.doi.org/10.1609/aaai.v25i1.8087.

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In Online Social Networks (OSNs), participants can conduct rich activities, where trust is one of the most important factors for their decision making. This necessitates the evaluation of the trustworthiness between two unknown participants along the social trust paths between them based on the trust transitivity properties (i.e., if A trusts B and B trusts C, then A can trust C to some extent). In order to compute more reasonable trust value between two unknown participants, a critical and challenging problem is to make clear how and to what extent trust is transitive along a social trust pat

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28

Park, Soo Jin, and HA-YOUNG PARK. "The Amended Value Added Tax Issues and Improvement Measures Related to Copyright Trust Management: Focusing on the Case of Music Copyright Trust Management." Korea Copyright Commission 144 (December 31, 2023): 89–128. http://dx.doi.org/10.30582/kdps.2023.36.4.89.

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Korea’s Value Added Tax Act had treated the supply of goods or services related to trust property in a manner similar to consignment transactions, without explicit statutory provisions. In 2020, the amended Value Added Tax Act (Act No. 17653, dated December 22, 2020, partially amended, enforced from January 1, 2022) designated the trustee as a taxpayer and established specific regulations aimed at preventing tax avoidance and securing tax claims related to trusts. The amended Value Added Tax Act primarily focused on real estate trusts and money trusts, giving insufficient attention to co

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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

SARAF, ADITI. "Trust amid “trust deficit”." American Ethnologist 47, no. 4 (2020): 387–401. http://dx.doi.org/10.1111/amet.12987.

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31

Uslaner, Eric M. "Trust online, trust offline." Communications of the ACM 47, no. 4 (2004): 28–29. http://dx.doi.org/10.1145/975817.975838.

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32

Miller, Keith W., Jeffrey Voas, and Phil Laplante. "In Trust We Trust." Computer 43, no. 10 (2010): 85–87. http://dx.doi.org/10.1109/mc.2010.289.

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33

Brewin, ThurstanB. "TRUST, TRUST, AND PATERNALISM." Lancet 326, no. 8453 (1985): 490–92. http://dx.doi.org/10.1016/s0140-6736(85)90413-1.

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34

Wang, Stephen W., Waros Ngamsiriudom, and Chia-Hung Hsieh. "Trust disposition, trust antecedents, trust, and behavioral intention." Service Industries Journal 35, no. 10 (2015): 555–72. http://dx.doi.org/10.1080/02642069.2015.1047827.

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35

Poppo, Laura, Kevin Zheng Zhou, and Julie Juan Li. ""When Can You Trust “Trust”?Calculative Trust, Relational Trust, and Supplier Performance"." Academy of Management Proceedings 2014, no. 1 (2014): 10191. http://dx.doi.org/10.5465/ambpp.2014.10191abstract.

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36

Poppo, Laura, Kevin Zheng Zhou, and Julie J. Li. "When can you trust “trust”? Calculative trust, relational trust, and supplier performance." Strategic Management Journal 37, no. 4 (2015): 724–41. http://dx.doi.org/10.1002/smj.2374.

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37

Jin, Wanyi, and Yijia Li. "Exploring Solutions to the Conflict between the Ownership of Trust Property and the Numerus Clauses." SHS Web of Conferences 169 (2023): 01069. http://dx.doi.org/10.1051/shsconf/202316901069.

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The principle of numerus clauses is the basic principle of civil law countries, and trusts, as a product of the common law system, are bound to diverge from it. Among them, the conflict between the ownership of trust property and the numerus clauses is the most significant. How to ease the conflict between the two in order to promote the long-term development of trusts in China has attracted a lot of attention. Trusts are developing rapidly around the world, and a comparative study approach has been adopted, of which the following are representative views: (i) Japanese scholars consider that t

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Abdul Aziz, Ruqayyah, Rusni Hassan, Nor Razinah Mohd Zain, and Syed Ahmed Salman. "Towards Developing a Conceptual Framework for Islamic Unit Trust Funds." International Journal of Management and Applied Research 6, no. 4 (2019): 397–406. http://dx.doi.org/10.18646/2056.64.19-031.

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There is increasing interest among investors in one of the latest investment vehicles - unit trusts. Unit trusts have several advantages as investments in comparison to other investment vehicles, as they are managed by fund managers and tied down by a trust deed. These advantages can be traced back to the investment diversification, professional management of the unit trust and the liquidity flow that can be obtained through sale and purchase of the unit trust. This paper presents an argument towards the development of the conceptual framework for Islamic unit trust funds, explored using refer

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Mohd Dom, Rosma, Muhammad Fandi Ibrahim, Che Lynnaruhiyah Che Sulaiman, and Ahmad Shafiq Ahmad Sholahuddin. "Performance of unit trust funds in Malaysia : a comparison between conventional and Islamic unit trusts." Social and Management Research Journal 11, no. 1 (2014): 31. http://dx.doi.org/10.24191/smrj.v11i1.5231.

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This paper reports the comparison of performance between Islamic and conventional unit trust funds in Malaysia. Least Square Methods were used to describe the overall growth of Malaysian unit trusts for the years 2004 to 2012 based on the number of launched funds, units in circulation, number of accounts and total net asset value. The results indicated that conventional unit trust funds grew exponentially while Islamic unit trusts grew linearly. The performances of 4 Islamic and 4 conventional unit trust funds based on their efficiencies (ratio of weighted sum of outputs to weighted sum of inp

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40

Bellini, Luca, and Matteo Pettinari. "I trust per i soggetti deboli." gennaio-febbraio, no. 1 (February 3, 2022): 210–18. http://dx.doi.org/10.35948/1590-5586/2022.65.

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TesiL’articolo individua nello svantaggio e negli ostacoli che intervengono nella vita, la ragione principale dei trust per soggetti deboli. In seguito, presenta un’analisi dello scopo di questi trust e introduce il modello del Trust Dopo di Noi, sottolineandone il suo particolare valore umano e sociale. The author's viewThe article identifies the main reason why trusts for vulnerable people are made in disadvantage and in life’s obstacles. In addition, the paper presents an analysis of these trusts’ purpose and introduces the “Trust Dopo di Noi” model pointing out it’s peculiar human and soci

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Miller, David, Mishel Johns, Brian Mok, et al. "Behavioral Measurement of Trust in Automation." Proceedings of the Human Factors and Ergonomics Society Annual Meeting 60, no. 1 (2016): 1849–53. http://dx.doi.org/10.1177/1541931213601422.

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Stating that one trusts a system is markedly different from demonstrating that trust. To investigate trust in automation, we introduce the trust fall: a two-stage behavioral test of trust. In the trust fall paradigm, first the one learns the capabilities of the system, and in the second phase, the ‘fall,’ one’s choices demonstrate trust or distrust. Our first studies using this method suggest the value of measuring behaviors that demonstrate trust, compared with self-reports of one’s trust. Designing interfaces that encourage appropriate trust in automation will be critical for the safe and su

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42

Lee, Keon-Myung, and Kyung-Mi Lee. "A Fuzzy Trust Model incorporating Dispositional Trust, General Trust, Situational Trust and Reputation." Journal of Korean Institute of Intelligent Systems 16, no. 6 (2006): 653–58. http://dx.doi.org/10.5391/jkiis.2006.16.6.653.

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43

Wang, Zuoming. "Media, Biotechnology, and Trust: What Drives Citizens to Support Biotechnology." Studies in Media and Communication 5, no. 2 (2017): 157. http://dx.doi.org/10.11114/smc.v5i2.2803.

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This paper explores the relationship among ideology, media science news use, and three different types of trust (trust in government, trust in science, and trust in regulative institute), as well as their direct and indirect impact on the support of agricultural biotechnology and the support of regulation on genetic modified organisms (GMO). A structural model showed that the public are slightly leaning toward the use of biotechnology; meanwhile they overwhelmingly request the control on GMO. Level of education directly promoted all three types of trusts and had a positive effect on the suppor

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44

Gordon, Jason, and David Orozco. "Trust and Control: The Value Effect of Venture Capital Term Sheet Provisions as Risk Allocation Tools." Michigan Business & Entrepreneurial Law Review, no. 4.2 (2015): 195. http://dx.doi.org/10.36639/mbelr.4.2.trust.

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The parties to a venture funding agreement are in a state of coopetition. The parties account for perceived risk in the entrepreneur-investor relationship through varying levels of control demanded from and trust afforded to the other party. The level of risk perceived by each party may differ along individual aspects of the prospective equity deal. The provisions of the term sheet delineate the subjective risk perceptions of each party to the transaction by allocating control or trusting a party with decision-making rights. When negotiating term sheet provisions, a party should seek to unders

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45

Macko, Anna. "No Trust vs. Some Trust in a Game Framed as Trust or Investment: Avoiding the Distrustor." Central European Management Journal 28, no. 4 (2020): 67–85. http://dx.doi.org/10.7206/cemj.2658-0845.35.

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Purpose: The study aimed at examining how observing a person showing no trust or some trust, in interaction framed as a trust or an investment, influences two variables: anticipated dissatisfaction from cooperating with the trustor and willingness to avoid such a person in future cooperative tasks. Additionally, the perception of the trustor and anticipated feelings in the role of the trustee were analyzed. Methodology: A scenario describing the trust game framed as trust or investment was used in the study. Participants (N = 166) were randomly assigned to one of the four conditions: 2 (amount

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46

Yeo, Terence, and Victoria Liu Xin Er. "To good purpose: non-charitable purpose trusts for the specific purpose of holding shares in perpetuity in Singapore." Trusts & Trustees 26, no. 7 (2020): 646–53. http://dx.doi.org/10.1093/tandt/ttaa059.

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Abstract This article considers the issue of whether Singapore should amend its trust laws to allow for non-charitable purpose trusts (NCPTs) for the specific purpose of holding company shares in perpetuity. The authors argue that such trusts should be allowed for two reasons. First, NCPTs in general should not be regarded as repugnant to the trust concept. Secondly, the practical advantages of allowing non-charitable trusts in a limited fashion outweigh the disadvantages. The article concludes by proposing possible reforms to the Singapore trust legislation.

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47

Shikuma, Michael H. "Japan taxation of trusts." Trusts & Trustees 26, no. 1 (2020): 15–20. http://dx.doi.org/10.1093/tandt/ttz114.

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Abstract Although trusts are not widely used for estate planning purposes in Japan, the taxation of trusts is becoming an important issue as the scope of Japan’s gift and inheritance taxes have expanded to include settlors or beneficiaries residing in Japan, and Japanese and non-Japanese national settlors or beneficiaries residing abroad. Despite the 2007 revision of the Japan trust and trust taxation rules, the taxation of foreign trusts is often unclear, in part because of the differences in Japan and foreign trust structures. This article is designed to provide a general overview of the Jap

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48

Reid, Kenneth G. C. "Patrimony Not Equity: the trust in Scotland." European Review of Private Law 8, Issue 3 (2000): 427–37. http://dx.doi.org/10.54648/273249.

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While the distinction between legal and equitable ownership is of central importance to the historical development of the trust in England, the idea of trust does not depend on such a distinction. In the mixed legal systems, of which Scotland is an example, there is a fully developed doctrine of trust, but no corresponding doctrine of equity. This suggests that equity is not, after all, the main organising feature of the law of trusts. The argument of this paper is that the fundamental characteristic of the trust is not dual ownership, but dual patrimony. In the normal case a single person has

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49

Lupoi, Maurizio. "Discretionary powers and ostensible discretionary trusts." Trusts, no. 2 (April 3, 2025): 204–15. https://doi.org/10.35948/1590-5586/2025.742.

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The author’s view A relationship of confidence was at the heart of trusts embodying discretionary powers until the end of the XIX century. Modern discretionary trusts are centred on powers of appointment in respect of beneficiaries who are only discretionary objects. Modern discretionary trusts are dubbed “ostensible” discretionary trusts when the discretion held by trustee is severely curtailed by settlors, who often double as trustees. The pre-eminence of settlors is such that there is no relationship of confidence between them and their trustees. Ostensible discretionary trusts are invalid

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50

Arienti, Leonardo. "La riqualificazione del trust opaco in trust trasparente e gli obblighi di adeguata e corretta contabilità (CGT II grado, Lombardia, 20 settembre 2023)." N° 3 (maggio-giugno), no. 3 (June 6, 2024): 497–505. http://dx.doi.org/10.35948/1590-5586/2024.580.

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Abstract:

Tesi I trust identificati come opachi e soggetti passivi ai fini IRES possono essere riqualificati come trasparenti nel caso in cui, in concreto il trustee provveda a delle distribuzioni di reddito in violazione di quanto previsto dall’atto istitutivo. Inoltre, i trust opachi aventi natura non commerciale e non esercenti alcuna attività di tipo commerciale non devono ritenersi normativamente onerati alla tenuta della contabilità ai sensi dell’art. 20, D.P.R. n. 600/1973, ma devono comunque adottare una corretta rappresentazione contabile della gestione dei beni in trust, essendo il trust un au

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