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Vol 23 No 3 March/April 2018

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Scamell and Gasztowicz on Land Covenants

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Trusts and Patrimonies

ISBN13: 9780748697748
Published: June 2015
Publisher: Edinburgh University Press
Country of Publication: Scotland
Format: Hardback
Price: £85.00

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This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars.

The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.

Key Features:-

  • The first comparative law book addressing the relation between trust and patrimony from a comparative and trans-systemic perspective
  • Focusses on the private law of England, Scotland, Quebec and the Netherlands
  • Responds to the increasing appeal and popularity of the institution of trust in civil law jurisdictions in Continental Europe and Asia
  • An invaluable resource for legal researchers, practitioners and policy makers interested in the theoretical and practical challenges that the trust poses in civil law countries

Comparative Law, Equity and Trusts, Scots Law
Preface and Acknowledgements
List of Contributors
List of Abbreviations
Table of Cases
1. The Trust as Patrimony: An Introduction, Remus Valsan

Part I: Patrimony and the Common Law Trust
2. Lepaulle Appropriated, Alexandra Popovici and Lionel D Smith
3. Trust and Patrimony, Lionel D Smith
4. Square Peg, Round Hole? Patrimony and the Common Law Trust, Paul Matthews

Part II: Patrimony and the Scottish Trust
5. Trusts without Equity, George L Gretton
6. Patrimony not Equity, Kenneth G C Reid
7. Scottish Trusts in the Common Law, Lionel D Smith

Part III: Trust and Patrimony in France, Quebec and the Netherlands
8. Translating Part of France’s Legal Heritage, Nicholas Kasirer
9. Trusting Patrimonies, Alexandra Popovici
10. Dual Patrimony Dutch Style, Emile Schmieman.