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Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Equity & trusts
The Cyprus International Trust Law was originally enacted in 1992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.
In Scots law, the legal concept of the trust has a long history of
development and, over that time, has come to take on a number of
characteristics. Because of this, there is no single definition of
a trust that covers every example of the trust relationship. That's
where Trusts Law Essentialscomes in. This concise volume will
quickly introduce you to the Scots law of trusts, from creating a
trust and appointing trustees to conflicts on interest and the
termination of trusts. It also looks at the different purposes of a
trust and the particular issues surrounding charities and
charitable trusts.
End-of-chapter summaries of essential facts and essential cases
will help you to identify, understand and remember the key elements
of trusts law in Scotland.
After thirty years, the debate over antitrust's ideology has
quieted. Most now agree that the protection of consumer welfare
should be the only goal of antitrust laws. Execution, however, is
another matter. The rules of antitrust remain unfocused,
insufficiently precise, and excessively complex. The problem of
poorly designed rules is severe, because in the short run rules
weigh much more heavily than principles. At bottom, antitrust is a
defensible enterprise only if it can make the microeconomy work
better, after accounting for the considerable costs of operating
the system.
"The Antitrust Enterprise" is the first authoritative and
compact exposition of antitrust law since Robert Bork's classic
"The Antitrust Paradox" was published more than thirty years ago.
It confronts not only the problems of poorly designed, overly
complex, and inconsistent antitrust rules but also the current
disarray of antitrust's rule of reason, offering a coherent and
workable set of solutions. The result is an antitrust policy that
is faithful to the consumer welfare principle but that is also more
readily manageable by the federal courts and other antitrust
tribunals.
The Oxford Handbook of Fiduciary Law provides a comprehensive
overview of critical topics in fiduciary law and theory through
chapters authored by leading scholars. The Handbook opens with
surveys of the many fields of law in which fiduciary duties arise,
including agency law, trust law, corporate law, pension law,
bankruptcy law, family law, employment law, legal representation,
health care, and international law. Drawing on these surveys, the
Handbook offers a synthetic analysis of fiduciary law's key
concepts and principles. Chapters in the Handbook explore the
defining features of fiduciary relationships, clarify the
distinctive fiduciary duties that arise in these relationships, and
identify the remedies available for breach of fiduciary duties. The
volume also provides numerous comparative perspectives on fiduciary
law from eminent legal historians and from scholars with deep
expertise in a diverse array of the world's legal systems. Finally,
the Handbook lays the groundwork for future research on fiduciary
law and theory by highlighting cross-cutting themes, identifying
persistent theoretical and practical challenges, and exploring how
the field could be enriched through empirical analysis and
interdisciplinary insights from economics, philosophy, and
psychology. Unparalleled in its breadth and depth of coverage, The
Oxford Handbook of Fiduciary Law represents an invaluable resource
for practitioners, policymakers, scholars, and students in this
essential field of law.
Now in its twelfth edition, Todd & Wilson's Textbook on Trusts
& Equity continues to strike the balance between introductory
and more challenging texts. Carefully written with the student in
mind, the text provides an accessible, yet intellectually
stimulating, introduction to the subject. Sarah Wilson excels at
writing in a clear and enthusiastic way, enlightening the more
complex issues of trusts law without undue simplifications. The
book is structured to reflect the content of a typical LLB course,
and offers in-depth coverage of trusts law. Students are encouraged
to critically engage with the material through real-life examples,
key scholarship and current contextual and theoretical
perspectives, including related commercial settings. Todd &
Wilson's Textbook on Trusts & Equity engages with wider
considerations, drawn from trusts scholarship and beyond, to
provide an analysis of the subject which is not only rounded, but
also designed to be stimulating and revelatory. Rigorously revised
every two years, this book can be relied upon as one of the most
up-to-date trusts texts available.
Trust law has grown and developed over recent years through the
continued ingenuity of practitioners and the provision of
innovative new trust laws by offshore jurisdictions. The wealth
managed through the medium of trust law has also changed in recent
years, as increasingly it has come from the newly rich of Asia.
This brings distinctive issues to the fore: the role of settlors,
family members and trusted advisors in trust administration; the
position of trustees in relation to instructions coming from such
persons; and an increased desire for confidentiality in trust
administration and the settlement of trust disputes. This
collection focuses on trusts which are deliberately created to
manage wealth and the concomitant issues such trusts raise in other
areas of law. Essays from leading members of the judiciary,
practitioners and academics explore these developments and their
implications for the users of trust law and for society in general.
This well-established and respected textbook has been relied upon
by students and academic scholars for nearly 50 years. Praised for
the clarity of the writing, the comprehensive scope of the content
and the high level of critical analysis, Professor Philip Pettit
builds on the strengths of the book to offer students a rigorous
and yet readable account of equity and trusts law. The basic
structure of the previous edition has not been substantially
altered. The diagrams introduced in the 11th edition have been well
received and have been retained, as has the glossary. There has
been some rearrangement of matters within chapters which will, it
is hoped, clarify the exposition. Online Resource Centre Three
additional chapters can be accessed on the Online Resource Centre:
Conversion and Reconversion; Satisfaction, Ademption and
Performance; and The Equitable Doctrine and Election. Along with
the chapters appearing in the 12th edition, these chapters have
been updated to reflect changes in the field.
It is an unfortunate feature of the common law conflicts landscape
that, for all its sophistication, the relationship between the
equitable principles of the forum and the forum's choice of law
process remains unclear. This book examines this relationship from
the perspective of English law, taking account of the impact of
European law. What law applies when litigants invoke the principles
of equity of the forum or analogous doctrines in foreign law? This
book suggests that there is nothing inherent in the invocation of
the forum's equitable jurisdiction or in the nature of equitable
discourse that renders the application of the forum's equitable
principles inevitable. It then considers whether a different
methodology should be adopted for equitable doctrines, and
concludes that this should not be the case. Thus, unless the issue
involves the application of fundamental public policy, mandatory
forum laws or the procedure of the forum, equitable doctrines of
any country should be subject to the same choice of law analysis
like other principles of substantive law. The book then analyses
equitable doctrines within the traditional choice of law categories
of property, contracts, torts and restitution in three steps:
first, many equitable doctrines may be regarded as substantive and
not procedural; secondly, property and obligations issues raised by
equitable doctrines may be segregated; and thirdly, by considering
the functions of the respective doctrines, equitable obligations
may be analysed as contractual (or based on agreement), tortious
(or based on wrongs) or restitutionary (or based on unjust
enrichment).
This highly acclaimed textbook combines the principles of the law
of trusts with an explanation of the various and more complicated
parts of the law. Renowned for its clarity, this new edition of
Riddall: The Law of Trusts presents a full account of all major
developments since the last edition, notably the Trustee Delegation
Act 1999 and Trustee Act 2000. The impact of the Trustee Act 2000
is reflected in the changes to many chapters, in particular to
those that deal with investment, the duties of trustees, trustees'
remuneration, and the power to appoint agents.
Compiled in honour of Bernard Rudden, this is a book of essays in comparative law centering on the contribution which comparative analysis can make to the core subjects of private law, namely property and obligations. The essays are contributed by leading academics from all over the world, all of whom owe an intellectual debt to the honorand.
This second edition of Sarah Worthington's Equity maintains the
clear ambitions of the first. It sets out the basic principles of
equity, and illustrates them by reference to commercial and
domestic examples of their operation. The book comprehensively and
succinctly describes the role of equity in creating and developing
rights and obligations, remedies and procedures that differ in
important ways from those provided by the common law itself.
Worthington delivers a complete reworking of the material
traditionally described as equity. In doing this, she provides a
thorough examination of the fundamental principles underpinning
equity's most significant incursions into the modern law of
property, contract, tort, and unjust enrichment. In addition, she
exposes the possibilities, and the need, for coherent substantive
integration of common law and equity. Such integration she
perceives as crucial to the continuing success of the modern common
law legal system. This book provides an accessible and elementary
exploration of equity's place in our modern legal system, whilst
also tackling the most taxing and controversial questions which our
dual system of law and equity raises.
This book compares trust and patrimony laws in England, Scotland,
Quebec and the Netherlands. The volume explores the multiple ways
in which 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. 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. The first comparative law book addressing the relation
between trust and patrimony from a comparative and trans systemic
perspective; It focuses on the private law of England, Scotland,
Quebec and the Netherlands and includes both new and important
previously published papers written by distinguished comparative
law scholars.
Always the serious student's choice for a Trusts Law textbook, the
new seventh edition of Moffat's Trusts Law once again provides a
clear examination of the rules of Trusts, retaining its hallmark
combination of a contextualised approach and a commercial focus.
The impact of statutory developments and a wealth of new cases -
including the Supreme Court and Privy Council decisions in Patel v.
Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC,
Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic
of Brazil v. Durant [2015] UKPC 35 - are explored. A streamlining
of the chapters on charitable Trusts, better to align the book with
the typical Trusts Law course, helps students understand the new
directions being taken in the areas of Trust Law and equitable
remedies.
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