Trusts in Mixed Legal Systems: A Challenge to Comparative Trust Law

European Review of Private Law, pp. 421-426, 2000

6 Pages Posted: 15 Mar 2010

See all articles by J. Michael Milo

J. Michael Milo

Utrecht University

Jan M. Smits

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI)

Date Written: 2000

Abstract

This is the introduction to a special issue of the European Review of Private Law on trusts in mixed jurisdictions. It considers to what extent mixed legal systems, such as those of Scotland, South-Africa and Quebec, can offer an attractive model for an international variant of trust. Two recent developments have increased the need to reconcile the Anglo-American trust with principles of civil law. The first is the overall tendency of unifying or harmonizing areas of private law, and especially commercial law, and therefore also trust laws, not only in Europe but also elsewhere. The second is the entry into force of The Hague Convention on the Law Applicable to Trusts and on their Recognition, which makes questions regarding the effect of trusts recognized in a civil jurisdiction imminent.

Keywords: trusts, mixed jurisdictions, European private law

Suggested Citation

Milo, J. Michael and Smits, Jan M., Trusts in Mixed Legal Systems: A Challenge to Comparative Trust Law (2000). European Review of Private Law, pp. 421-426, 2000. Available at SSRN: https://ssrn.com/abstract=1570588

J. Michael Milo

Utrecht University

Vredenburg 138
Utrecht, 3511 BG
Netherlands

Jan M. Smits (Contact Author)

Maastricht University Faculty of Law - Maastricht European Private Law Institute (M-EPLI) ( email )

P.O. Box 616
Maastricht, NL-6200 MD
Netherlands

HOME PAGE: http://www.jansmits.eu

Register to save articles to
your library

Register

Paper statistics

Downloads
289
Abstract Views
1,217
rank
106,059
PlumX Metrics