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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
The fusion of law and equity in common law systems was a crucial
moment in the development of the modern law. Common law and equity
were historically the two principal sources of rules and remedies
in the judge-made law of England, and this bifurcated system
travelled to other countries whose legal systems were derived from
the English legal system. The division of law and equity - their
fission - was a pivotal legal development and is a feature of most
common law systems. The fusion of the common law and equity has
brought about major structural, institutional and juridical changes
within the common law tradition. In this volume, leading scholars
undertake historical, comparative, doctrinal and theoretical
analysis that aims to shed light on the ways in which law and
equity have fused, and the ways in which they have remained
distinct even in a 'post-fusion' world.
The law of Equity, a latecomer to the field of private law theory,
raises fundamental questions about the relationships between law
and morality, the nature of rights, and the extent to which we are
willing to compromise on the rule of law ideal to achieve social
goals. In this volume, leading scholars come together to address
these and other questions about underlying principles of Equity and
its relationship to the common law: What relationships, if any, are
there between the legal, philosophical, and moral senses of
'equity'? Does Equity form a second-order constraint on law? If so,
is its operation at odds with the rule of law? Do the various
theories of Equity require some kind of separation of law and
equity-and, if they do, what kind of separation? The volume further
sheds light on some of the most topical questions of jurisprudence
that are embedded in the debate around 'fusion'. A noteworthy
addition to the Philosophical Foundations series, this volume is an
important contribution to an ongoing debate, and will be of value
to students and scholars across the discipline.
For women and other marginalized groups, the reality is that the
laws regulating estates and trusts may not be treating them fairly.
By using popular feminist legal theories as well as their own
definitions of feminism, the authors of this volume present
rewritten opinions from well-known estates and trust cases.
Covering eleven important cases, this collection reflects the
diversity in society and explores the need for greater diversity in
the law. By re-examining these cases, the contributors are able to
demonstrate how women's property rights, as well as the rights of
other marginalized groups, have been limited by the law.
For women and other marginalized groups, the reality is that the
laws regulating estates and trusts may not be treating them fairly.
By using popular feminist legal theories as well as their own
definitions of feminism, the authors of this volume present
rewritten opinions from well-known estates and trust cases.
Covering eleven important cases, this collection reflects the
diversity in society and explores the need for greater diversity in
the law. By re-examining these cases, the contributors are able to
demonstrate how women's property rights, as well as the rights of
other marginalized groups, have been limited by the law.
Underhill & Hayton Law of Trusts and Trustees is our flagship
Trusts title and is recognised as being the leading book in the
market. Written by renowned experts in the field this major work
provides practitioners with expert commentary on the law of trusts
and trustees and is a guide to all legal developments relating to
trusts. It examines legislation and case law, including cases from
significant offshore trust jurisdictions likely to affect UK trust
law - beneficial to those working in Trusts both at legal practices
as well as banks and accountancy firms. It has been fully updated
from the 19th edition. Its easy reference format takes you through
the definitions of trusts, administration of trusts and
consequences of breaches of trust. Whatever stage you are advising
clients at, you will find all the information you need in Underhill
and Hayton.
Each generation of lawyers in common law systems faces an important
question: what is the nature of equity as developed in English law
and inherited by other common law jurisdictions? While some
traditional explanations of equity remain useful - including the
understanding of equity as a system that qualifies the legal rights
people ordinarily have under judge-made law and under legislation -
other common explanations are unhelpful or misleading. This volume
considers a distinct and little noticed view of equity. By
examining the ways in which courts of equity have addressed a range
of practical problems regarding the administration of deliberately
created schemes for the management of others' affairs, modern
equity can be seen to have a strongly facilitative character. The
extent and limits on this characterisation of equity are explored
in chapters covering equity's attitude to administration in various
public and private settings in common law systems.
The Cyprus International Trust Law was originally enacted in 1992
and amended in 2012. It is a modern and flexible piece of
legislation expressly addressing the needs of international
families relying on Cyprus to arrange their wealth. At the same
time, Cypriot resident families can apply the Trustee Law 1955,
which is based on English law, to govern their trusts. Trust Laws
in Cyprus reviews both of these laws and places them in an
international context, pointing out the solutions available on the
island for wealth management, estate planning and asset protection
purposes. Authored by well-known experts in this field, chapters
specifically analyse the relevance of Cyprus trusts where settlors
wish to retain certain powers, arrange their succession in a more
flexible manner than would be possible under forced heirship
provisions, or protect heirloom assets from creditor claims. The
book also covers the taxation of Cyprus trusts, both international
and domestic, and the functioning of the UBO register of trusts
under the 5th EU AML Directive. This title is the only systematic
review of the Cyprus trust laws in English. It will be an
invaluable reference work to help lawyers and other private client
advisers structure their clients' wealth. It will also assist
professional trustees involved in the administration of Cyprus
trusts, and be useful for accountants and tax advisers in relation
to the tax treatment of various types of Cyprus trusts.
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