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Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.

Law of obligations. Law of contract --- Trusts and trustees. --- Civil law systems. --- Roman law --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Trusts and trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Influence --- Law and legislation --- Civil law systems --- Law --- General and Others

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'The Law of Loyalty' elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It provides a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others.

Civil law. --- Executive power. --- Judicial power. --- Judiciary --- Justiciability --- Power, Judicial --- Constitutional law --- Courts --- Implied powers (Constitutional law) --- Judicial independence --- Separation of powers --- Emergency powers --- Power, Executive --- Presidents --- Political science --- Law, Civil --- Private law --- Roman law --- Powers --- Agency (Law) --- Law. --- Laws of specific jurisdictions & specific areas of law.

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"This monograph elucidates common legal principles underlying the use of juridical powers. It addresses both public law and private law, and examines both the common law and the civil law. It aims to provide a theory of how Western law regulates the situations in which we hold legal powers, not for ourselves, but for and on behalf of others. It does this by elucidating the justificatory principles that are attracted in those situations. These principles include that other-regarding powers can only properly be used for the purposes for which they were granted; that they should not be used when the holder is in a conflict of self-interest and duty, or a conflict of duty and duty; and that the holder is presumptively accountable for any profits extracted from the other-regarding role. These principles stand behind the detailed legal rules that govern these relationships in multiple legal systems and in multiple public and private settings. In private law this includes the powers of trustees, corporate directors, agents and mandataries; in public law it includes all powers held for public purposes, whether they be held by the Prime Minister, by a police officer, or by a judge"--

Duty of loyalty

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In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

Fiducie --- Pensions trusts --- Mutual funds --- Trusts and trustees --- Boards of trustees --- Fiduciaries --- Trust funds --- Trustees --- Contracts --- Equity --- Estate planning --- Executors and administrators --- Fiducia --- Inheritance and succession --- Powers (Law) --- Structured settlements --- Trust companies --- Uses (Law) --- Investment companies --- Investment trusts --- Open-end mutual funds --- Profit-sharing trusts --- UITs --- Unit investment trusts --- Unit trusts --- Investments --- Investment clubs --- Law and legislation --- Antitrust law --- Law --- General and Others --- Pension trusts --- Employee pension trusts --- Pension funds --- Pension plans

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Comparative law --- Civil law --- Civil law --- Civil law --- Civil law --- Droit comparé --- Droit civil --- Droit civil --- Droit civil --- Droit civil