The State of the Art of Comparative Research in the Area of Trusts

in M Graziadei and LD Smith (eds) Comparative Property Law: Global Perspectives (Cheltenham: Edward Elgar Publishing 2016) (Forthcoming).

Oxford Legal Studies Research Paper No. 61/2015

30 Pages Posted: 22 Dec 2015

See all articles by Alexandra Braun

Alexandra Braun

School of Law, University of Edinburgh

Date Written: December 17, 2015

Abstract

Trusts probably represent the instrument common lawyers have always been most proud of, frequently referring to it as their greatest achievement and their most original creation. Equally, trusts are probably the legal creation of which civil lawyers have been most ‘envious’, whilst at the same time being an institution that they find somewhat puzzling. In fact, while few institutions have attracted the level of fascination trusts have, few have also met with the same distrust and suspicion, partly due to the fact that they are commonly viewed as a device for tax evasion or to frustrate the rights of creditors and spouses.

This chapter seeks to explore how comparative research, in common law, civil law and mixed legal jurisdictions, has engaged with the study of trusts and what the scope and the purposes of the enquiry have been. In doing so, it will attempt to shed light on the achievements as well as on the shortcomings of the research in this field. It will argue that whilst comparative studies have gone a long way towards aiding the understanding of trusts, there is more to be done in an area of the law still fraught with some misconceptions.

Keywords: Trusts, Comparative Trust Law, Property Law.

Suggested Citation

Braun, Alexandra, The State of the Art of Comparative Research in the Area of Trusts (December 17, 2015). in M Graziadei and LD Smith (eds) Comparative Property Law: Global Perspectives (Cheltenham: Edward Elgar Publishing 2016) (Forthcoming)., Oxford Legal Studies Research Paper No. 61/2015 , Available at SSRN: https://ssrn.com/abstract=1688335

Alexandra Braun (Contact Author)

School of Law, University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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