Commercial trusts in European private law by Michele Graziadei, Ugo Mattei, Lionel Smith

By Michele Graziadei, Ugo Mattei, Lionel Smith

In ecu felony structures, numerous ways to belief and relationships of belief meet the common professionalization of asset administration companies. This booklet explores that interface with a view to search a greater figuring out of the felony rules of the entrustment of wealth. in the method of the typical middle of ecu inner most legislation, the quantity provides circumstances at the institution and termination of administration relationships, duties of loyalty and of professionalism, and the alternative of legislation.

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At 159 ff. Frederic William Maitland, The Origin of Uses; Maitland, Moral Personality and Legal Personality; Maitland, The Unincorporate Body, all reprinted in H. A. L. , The Collected Papers of Frederic William Maitland (Cambridge, 1911), vol. ; vol. , 271 ff. 12 By now it is clear, however, that much of the actual historical experience in this neglected field, and its relevance to the comparative study of the English law of trusts, eluded his attention. In any case, Maitland’s research on trusts quickly became the twentieth-century cornerstone of influential comparative work.

Even under English law, ‘trust’ is a protean word: Tito v. Waddell (No. 2) [1977] Ch. 106, at 227, per Megarry VC: ‘the first question is the sense in which that protean word has been used. 1 History, concepts and functional analysis Comparative law literature on trusts is about a century old. Its focus has changed over time. This section will provide a short account of the transformation. The following survey breaks down into four parts. The first explores the beginnings of academic interest in the topic and the development of functional approaches to the comparative study of trust law; the second covers comparative work conducted to solve conflict of laws issues before national courts; the third deals with comparisons of trust laws to advance unification projects; and the fourth deals with the emergence of a comparative literature dedicated to trusts in the financial context.

Even under English law, ‘trust’ is a protean word: Tito v. Waddell (No. 2) [1977] Ch. 106, at 227, per Megarry VC: ‘the first question is the sense in which that protean word has been used. 1 History, concepts and functional analysis Comparative law literature on trusts is about a century old. Its focus has changed over time. This section will provide a short account of the transformation. The following survey breaks down into four parts. The first explores the beginnings of academic interest in the topic and the development of functional approaches to the comparative study of trust law; the second covers comparative work conducted to solve conflict of laws issues before national courts; the third deals with comparisons of trust laws to advance unification projects; and the fourth deals with the emergence of a comparative literature dedicated to trusts in the financial context.

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