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Vol 21 No 11 Nov/Dec 2016

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Commercial Trusts in European Private Law

Edited by: Michele Graziadei, Ugo Mattei, Smith Lionel

ISBN13: 9780521115605
Published: July 2009
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback (Hardback in 2005)
Price: £59.99
Hardback edition , ISBN13 9780521849197



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In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

• Provides essential information about trust issues in all the EU Member States up to the new wave of accession to the EU in 2004, and maps the most recent EC developments in the field of financial services law • Contributes to a new understanding of trust law in several commercial contexts, and provides fresh commentary on the Hague Trusts Convention of 1985 • National reports provide answers to hypothetical cases that focus on practical issues

Subjects:
Commercial Law, Equity and Trusts
Contents:
General editors' preface
Preface
Contributors to the volume
Contributors to the case studies
List of Abbreviations
Select bibliographies for jurisdictions represented
Part I. Setting the Scene
1. Commercial Trusts in European Private Law: the Interest and Scope of the Enquiry
2. A short note on terminology
3. The Hague Trust Convention twenty years on
Part II. The Case Studies
Section 1. General Part
4. Case 1: Creation and termination of the management relationship: powers of the manager
5. Case 2: Investment duties
6. Case 3: Conflict of interest
7. Case 4: Basic insolvency situation
8. Case 5: Insolvency of investment manager
9. Case 6: Tracing
10. Case 7: Choice of law
Section 2. Special Part
11. Case 8: Pension funds
12. Case 9: Collective investment schemes
13. Case 10: Multiple debenture holders
14. Case 11: Securitisation
Part III. Conclusions
15. Some difficulties
16. Comparative remarks on the general part
17. Comparative remarks on the special part
18. What's next?
Index.