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

By Michele Graziadei, Ugo Mattei, Lionel Smith

In ecu criminal platforms, numerous methods to belief and relationships of belief meet the common professionalization of asset administration companies. This e-book explores that interface with a view to search a greater figuring out of the criminal rules of the entrustment of wealth. in the technique of the typical middle of ecu deepest legislation, the amount provides situations at the institution and termination of administration relationships, duties of loyalty and of professionalism, and the alternative of legislations.

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Is it correct to assume that creditors are not protected under English law, or in other common law jurisdictions? Quite obviously, the answer to these questions is a plain ‘no’! True, the answer often comes with explanations framed in terms that are alien to civilian minds. The source of the trouble does not lie here, however. The problem is that the comparative literature on trusts has rarely addressed these simple questions. If the same passion that was spent on studying technical aspects of trust law had been devoted to questions like these we would have a more reliable overall comparative picture of the field of enquiry.

Arb. Tr/Trs Trust L. Int. UCITS VABEF Vand. J. Trans. L. VersR Ves. Vita not. , Kommentar zum Allgemeinen Bu¨rgerlichen Gesetzbuch I3 (2000) sub x 1002 Butschek, ‘Die Rechtsstellung des Treugebers bei der uneigennu¨tzigen Treuhand’, JBL 1991, 365 Heidinger, Das neue Investmentfondsrecht (1998) Jappel, Treuhandschaften (1998) Kastner, ‘Die Treuhandschaft im o¨sterreichischen Recht’, JBl 1948, 305; JBl 1949, 90, 420, 537; JBl 1954, 138; JBl 1958, 109 ‘Die Treuhand im o¨sterreichischen Recht’, in Ha¨mmerle-FS (1972), 163 Lehner, ‘Treuhand und Liegenschaftsverkehr’, NZ 1986, 121 Schultze, ‘Treuha¨nder im geltenden bu¨rgerlichen Recht’, JherJB 43 (1901) 1 Thurnher, Grundfragen des Treuhandwesens (1994) Walter, Die Treuhand im Exekutions- und Insolvenzverfahren (1998) Weber, Das Investmentfondsgesetz (1998) Belgium Byttebier, Voorrechten en hypotheken in hoofdlijnen (1997) Handboek financieel recht (2001) De Boeck, Informatierechten en -plichten bij de totstandkoming en uitvoering van overeenkomsten (2000) De Page, Traite´ e´le´mentaire du droit civil belge, vol.

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. That work assumed that the English law of trusts was unique. Hence, the correct way to address the topic from a comparative stance was to look for institutions that on continental Europe performed some of the tasks which under English law were performed by trusts.

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