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Books > Law > International law > Private international law & conflict of laws
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The Hague Trusts Convention - Scope, Application and Preliminary Issues (Hardcover)
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The Hague Trusts Convention - Scope, Application and Preliminary Issues (Hardcover)
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Trusts cross borders. When they do,real difficulties may arise.
Will the understanding of what a trust is be different in a foreign
state? Will the rights, powers and duties of the trustee and
settlor be the same? What rights will the beneficiary be able to
assert? To what extent will the trust assets be safe from the
claims of creditors, forced heirs, or third parties? Which legal
system will be applied to the trust? Within what limits? What if
the trust needs to be recognised in a state which does not have the
institution of the trust in its domestic law? The Hague Trusts
Convention, enacted into English law by the Recognition of Trusts
Act 1987, seeks to ameliorate the situation by providing harmonised
choice of law rules for "trusts created voluntarily and evidenced
in writing." It also provides for the recognition of trusts in
Contracting States. Those Contracting States should recognise the
trust, even if they do not have the institution in their domestic
law. This book is the first published in England to devote itself
to a detailed analysis of the Convention. It is aimed at academics
and practitioners; at private international lawyers and at trust
lawyers. Frequent reference is made to the position in civil law
states (especially in the Contracting States of Italy and the
Netherlands) and in other trust states, both offshore and onshore.
The Hague Trusts Convention deals with the operation of the trust
itself. It does not deal with the preliminary steps needed to
create a trust. These preliminary matters raise highly complex and
uncharted choice of law issues. Detailed discussion of these
matters is also provided, and appropriate solutions suggested.
General
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