This collection of essays celebrates the life and work of Peter Birks, who was Regius Professor of Civil Law at the University of Oxford, and Fellow of All Souls College. Widely known as one of the most prolific legal scholars for over twenty years, his contribution to English obligations law is legendary. He was Founder of the Clarendon Law Lectures, editor of the Clarendon Law Series, editor of the Oxford English Law Series, and author of several works on the English law of restitution, comparative restitution, and unjust enrichment. This works in this volume cover the English law of unjust enrichment and restitution, comparative perspectives on unjust enrichment and restitution, Roman law, and legal history, reflecting the range on Peter Birks' work and influence. As one of the most distinguished academic lawyers of his generation Peter Birks' contribution to legal scholarship grew to be recognised as one of the most outstanding by a British jurist in the second half of the twentieth century. This collection attempts to acknowledge and pay tribute to Peter Birks' work.

This package includes a physical copy of Trusts and Equity, 12/e by Edwards and Stockwell as well as access to the eText and MyLawChamber. Trusts and Equity, part of the Foundations Series, offers a comprehensive, clear and straightforward account of the law ideal for LLB and GDL students. This twelfth edition has been fully updated with all recent developments in trusts and equity, including: A new chapter on unlawful trusts Reference to recent statutes, such as the Trusts (Capital and Income) Act 2013, Inheritance and Trustees' Powers Act 2014 and Marriage (Same Sex Couples) Act 2013 Discussion of significant new cases, for example FHR European Ventures LLP v Cedar Capital Partners LLC [2014], Central Bank of Nigeria v Williams [2014], Coventry (t/a RDC Promotions) v Lawrence [2014] and Futter v HMRC, Pitt v HMRC [2013] MyLawChamber is a complete online teaching and learning platform designed to improve results by helping student's quickly master concepts, and by providing educators with a robust set of tools for easily gauging and addressing the performance of students. For students Case Navigator (in conjunction with LexisNexis) offers support in helping to develop your case reading and analysis skills. A fully interactive Pearson eText is available within MyLawChamber, giving you ready access to your textbook when you need it and allowing you to search, bookmark, highlight and make notes. For educators The Gradebook allows assignments to be automatically graded and visible at a glance, helping you identify student challenges early - and find the best resources with which to help them. Test banks full of multiple-choice-questions can be set as formative assessments. Virtual Lawyer, an interactive scenario-based programme helps students apply their knowledge of the law to problem questions and can be used in seminars, lectures or even set as homework. "MyLawChamber is an excellent online resource; the interactive multi-choice is massively useful and much trickier than one might expect. The Case Navigator is superb, well done!" -Professor Stuart Toddington, University of Westminster

This engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for success. The law is made relevant to current practice through chapters that define and explain key legal principles, and examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. This updated edition offers added features, in particular comprehensive lists of further reading and also a glossary of key terms. Every chapter has been updated and new case law has been added. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.

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.

"Edward Burn is the doyen of property and trust lawyers in this country. His masterly texts on land law and equity and trusts have formed the minds of generations of lawyers. Judges, professors and practising lawyers all depend on Burn's crystalline analyses to make sense of the law. In this festschrift, appellate judges, academic lawyers and practitioners, including many of the leading property and equity experts of England, have joined to celebrate Edward Burn's career as a searching writer and brilliant teacher. The essays in the volume cover a wide terrain of topics including: the rationality of English land law; the nature of proprietary estoppel; the essential attributes of trusts and how they can be exported to Civilian systems; the nature of joint trustee liability; the relationship between restitution and equity; the relationship of fiduciary law to trusts; the standard of care in nuisance; the duty of care in will drafting; and form and substance in tax, lease and mortgage law. The book will interest practising lawyers and academics concerned with property, trusts and equity, and commercial law."

This book offers practical guidance to lawyers and other professionals advising clients on property transactions and related matters in France including: buying, selling, and mortgaging land; the ownership of flats and leases; and the establishment of companies to own land. It covers all aspects of French inheritance law and provides lawyers qualified outside of France with practical advice on the administration of estates. A glossary and relevant legal precedents are also included.

Estate and Trust Administration For Dummies, 2nd Edition (9781119543879) was previously published as Estate and Trust Administration For Dummies, 2nd Edition (9781118412251). While this version features a new Dummies cover and design, the content is the same as the prior release and should not be considered a new or updated product. Your plain-English guide to administering an estate and/or trust As more and more of the population reach senior ages--including baby boomers, many of whom do not have wills--an increasing number of people are being thrust into the role of executor, administrator, personal representative of an estate, or trustee of a trust after the death of a loved one. This updated edition of Estate & Trust Administration For Dummies guides you through the confusing process of administering an estate and/or trust. Settling an estate and administering a trust can be complicated, messy, and time-consuming for individuals named as executor or trustee, most of whom have no previous experience with such matters. Estate & Trust Administration For Dummies shows you how to make sound decisions for your unique circumstances. Guides you through the confusing process of administering an estate and/or trust Provides expert advice on unfamiliar estate and trust tax law Gives you a practical checklist to follow for all of your estate and trust administration questions and concerns Whether you're looking for guidance on how to navigate the probate process and estate taxes, settle debts and bequests, fund a trust, comply with tax regulations, or anything in between, this hands-on, friendly guide takes away the mystery and provides detailed answers to all of your estate and trust administration questions.

The English law of contribution and reimbursement is essentially concerned with any situation where two parties must both pay a debt to a third party, compensate him for harm that he has suffered at their hands, or restore an enrichment which they have unjustly gained at his expense. These situations give rise to questions of how the parties' common liability should be shared and how their relationships with the third party, and with one another, should be adjusted so as to ensure that they each pay their proper share. This book is based on the rules of English law which determine the answers to these questions.

The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: * Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives * Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them * Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust * Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.

Trager unselbstandiger Stiftungen uben eine treuhanderische Tatigkeit aus. Sie handeln daher grundsatzlich interessenskonfliktgeneigt, ohne dass dies derzeit von der Finanzaufsicht adressiert wird. Die Arbeit nimmt zunachst die rechtliche Einordnung des Stiftungsgeschafts in den Blick, bewertete deren Einordnung insbesondere als Treuhandverhaltnis oder Auflagenschenkung und wendet diese Einordnung auf die Erscheinungsformen der unselbstandigen Stiftung in der Praxis an. Im zweiten Teil untersucht die Arbeit, unter welchen Voraussetzungen die Tager unselbstandiger Stiftungen nach Massgabe des Kapitalanlagegesetzbuchs oder des Kreditwesengesetzes unter die staatliche Finanzaufsicht fallen. Dabei setzt sich die Arbeit insbesondere mit der gegenwartigen Verwaltungspraxis kritisch auseinander.

This book presents a comprehensive legal and constitutional study of emergency powers from a comparative common law perspective. It is one of very few comparative studies on three jurisdictions and arguably the first one to explore in detail various emergency powers, statutory and common law, constitutional and statutory law, martial law and military acting-in-aid of civil authority, wartime and peacetime invocations, and several related and vital themes like judicial review of emergency powers (existence, scope and degree). The three jurisdictions compared here are: the pure implied common law model (employed by the UK), implied constitutional model (employed by the USA) and the explicit constitutional model (employed by India). The book's content has important implications, as these three jurisdictions collectively cover the largest population within the common law world, and also provide maximum representative diversity. The book covers the various positions on external emergencies as opposed to internal emergencies, economic/financial emergencies, and emergent inroads being made into state autonomy by the central or federal governments, through use of powers like Article 356 of the Indian Constitution. By providing a detailed examination of the law and practice of emergency powers, the book shares a wealth of valuable insights. Specific sub-chapters address questions like - what is the true meaning of 'martial law'; who can invoke 'martial law'; when can it be invoked and suspended; what happens when the military is called in to aid civilian authorities; can martial law be deemed to exist or coexist when this happens; what are the limits on state powers when an economic emergency is declared; and, above all, can, and if so, when and how should courts judicially review emergency powers? These and several other questions are asked and answered in this study. Though several checks and constraints have been devised regarding the scope and extent of 'emergency powers,' these powers are still prone to misuse, as all vast powers are. A study of the legal propositions on this subject, especially from a comparative perspective, is valuable for any body politic that aspires to practice democracy, while also allowing constitutionally controlled aberrations to protect that democracy.

This book consolidates several different perspectives on antitrust law. First, Keith Hylton presents a detailed description of the law as it has developed through numerous judicial opinions. Second, he presents detailed economic critiques of the judicial opinions, drawing heavily from law and economics journals. Third, he integrates a jurisprudential perspective that views antitrust as a vibrant field of common law. This last perspective leads him to address issues of certainty, stability, and predictability in antitrust law, and to examine the pressures shaping its evolution.

This book consolidates several different perspectives on antitrust law. First, Keith Hylton presents a detailed description of the law as it has developed through numerous judicial opinions. Second, he presents detailed economic critiques of the judicial opinions, drawing heavily from law and economics journals. Third, he integrates a jurisprudential perspective that views antitrust as a vibrant field of common law. This last perspective leads him to address issues of certainty, stability, and predictability in antitrust law, and to examine the pressures shaping its evolution.

This is the first attempt to deal with trusts on a comparative law basis. The book examines more than thirty countries, and submits a unified theory of trusts. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law. Academics will find this book a novel approach to the English-model trust, and practitioners will find it gives a wealth of information on foreign legal systems.

In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.

In a subject heavily reliant on the specifics of case law, Cases & Materials on Equity & Trusts provides an essential reference source for students. The tenth edition contains a diverse range of relevant and interesting cases, statutory material, academic writing, and official proposals for law reform. Where appropriate, legal materials are accompanied by non-legal literary texts with a view to making legal points more interesting and memorable. Gary Watt continues to combine the highly-regarded, rigorous scholarship and student-focused approach established through previous editions in his expertly-selected choice of materials and commentary. Utilizing key features as tools to assist students' learning and revision, including questions, suggestions for further reading, and notes, Gary Watt threads the broad spectrum of equity case law together with his unique flair, making it an engaging and insightful companion to a course in trusts. Online Resource Centre The tenth edition is supported by an Online Resource Centre, offering: - Suggested answers to questions in the book - Video lectures presented by Gary Watt, introducing key areas of debate within the subject - General guidance on answering essay questions - General guidance on answering problem scenarios - Flashcard glossary of key legal terms - Updates to the law post-publication - Web links to useful websites

The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories. Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

The doctrine of sham is one that pervades the common law. This book will be the first cross-disciplinary analysis of all aspects of the sham doctrine, from its history and development to its varied practical applications. For practitioners used to working in only one area of sham, this volume allows a broader appreciation of the doctrine as it is applied in diverse legal areas, such as tenancy law, trusts, employment law and tax. These several areas are expounded by experts in their field, including both leading practitioners and distinguished scholars. Each contribution considers how key themes apply in each field, such as how the doctrine of sham is related to deceit or fraud, why the doctrine has been found to be useful and how it relates to other principles of statutory interpretation. This wide-ranging work is brought together, not only by these key themes, but by the comparative analysis of the editors, making this a substantial contribution to the understanding of the common law doctrine of sham.

A protector is a person appointed under the trust instrument given powers in relation to the administration of the trust. The modern use of protectors came about because settlors of international trusts were concerned about the risks involved in transferring their assets to trustees in distant countries. Protectors are now a common and important feature of trust structures, as used in many international financial centres. Protectors of Trusts is the ideal first port of call for anyone who needs to know about trust protectors, whether from a contentious or a non-contentious perspective and aims to provide a comprehensive treatment of the subject. Written by a leading practitioner from New Square Chambers, this title draws together the law of protectors which, like the jurisdictions of the trusts they protect, is found in cases and statutes scattered around the world. Practical in approach, this book analyses the relevant case law and statutory provisions, and provides detailed guidance on the use of protectors as well as coverage of the disputes which arise from their misuse. This work comprehensively covers the subject, with chapters on appointment and removal of protectors; powers; duties; remuneration and indemnity; liabilities; litigation by and against protectors and on enforcers of non-charitable purpose trusts.