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There has been insufficient literature focusing on the
world-changing rise of Asian wealth. Private wealth in Asia is very
substantial, with 33 per cent of the global population of
high-net-worth individuals based in Asia. Yet, there is a dearth of
legal analysis of Asian wealth, particularly by texts written in
English. This collection aims to fill that gap, with chapters on
legal issues in relation to Asian wealth transmission, investments
in international real estate, familial disputes, family offices and
private trust companies. A substantive section of this book also
focuses on the changing legal context with chapters exploring
trusts and cryptoassets, constructive trust, trustee's discretion
and decision-making, changing regulatory environment and abuse of
trust structures. This collection of essays on trusts and wealth
management presents a focus on Asian wealth and the changing legal
context, and follows the related publication, Trusts and Modern
Wealth Management (Cambridge University Press, 2018).
This collection contributes to a fundamentally important set of
debates about the nature of private law. The essays consider
whether private law should be seen as having goals and, if so,
whether those goals are particular to private as opposed to public
law. They consider the legitimacy of the pursuit of community
welfare goals in private law and the place of instrumentalist
thinking in private law scholarship. They explore the relationship
between the pursuit of policy goals and the other influences that
shape private law, such as the formal values of certainty,
consistency and coherence and the need to do justice to the parties
to particular disputes. The collection analyses the role that
particular policy goals do and should play in particular private
law doctrines, and contributes to debate about the relationship
between community welfare goals and considerations of interpersonal
morality arising from the interactions between individuals. The
contributors are drawn from across the common law world and offer a
diverse range of perspectives on the controversies under
consideration.
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