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Vol 22 No 9 Sept/Oct 2017

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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.

Series: The Common Core of European Private Law

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Published June 2017
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Unexpected Circumstances in European Contract Law ISBN 9781107416871
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Unexpected Circumstances in European Contract Law ISBN 9781107003408
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Precontractual Liability in European Private Law ISBN 9780521183949
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Pure Economic Loss in Europe ISBN 9780521180054
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Personality Rights in European Tort Law ISBN 9780521194914
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The Enforceability of Promises in European Contract Law
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Security Rights in Movable Property in European Private Law ISBN 9780521104142
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Precontractual Liability in European Private Law ISBN 9780521516013
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Good Faith in European Contract Law ISBN 9780521088039
Published August 2008
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£50.00
Environmental Liability and Ecological Damage In European Law ISBN 9780521889971
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£129.00
The Enforcement of Competition Law in Europe ISBN 9780521881104
Published August 2007
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Security Rights in Movable Property in European Private Law ISBN 9780521839679
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Commercial Trusts in European Private Law ISBN 9780521849197
Published October 2005
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Mistake, Fraud and Duties to Inform in European Contract Law ISBN 9780521844239
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Mistake, Fraud and Duties to Inform in European Contract Law ISBN 9780521093101
Published January 2005
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£41.99
Pure Economic Loss in Europe ISBN 9780521824644
Published July 2003
Cambridge University Press
£129.00
The Enforceability of Promises in European Contract Law
ISBN 9780521790215
Published December 2001
Cambridge University Press
£118.00
Good Faith in European Contract Law ISBN 9780521771900
Published August 2000
Cambridge University Press
Price on Application