The Trust as More than a Common Law Creature

30 Pages Posted: 29 Apr 2014 Last revised: 7 Apr 2015

See all articles by Angelique Devaux

Angelique Devaux

CHEUVREUX NOTAIRES; French Licensed Attorney (Diplômée Notaire), LL.M American Law (Indiana University Robert H. McKinney School of Law)

DeAnna Beckner

Indiana University Robert H. McKinney School of Law

Margaret Ryznar

Indiana University Robert H. McKinney School of Law

Date Written: April 29, 2014

Abstract

Until recently, it has been a truism that the trust is a creature of the common law system. A challenge to this truism is currently occurring in Europe in one of the most significant developments in the field of trusts & estates law: the introduction of trust-like devices in civil law countries. Specifically, while France and other civil law countries have traditionally been skeptical about the common law instrument that is the trust, they must now confront the meaning of a trust and how to implement it because of the European Union’s new regulation that calls for the harmonization of laws regarding succession. This article is analyzes the introduction of the trust concept to civil law countries.

Keywords: trusts, trusts and estates, France, English common law, property, comparative law

Suggested Citation

Devaux, Angelique and Beckner, DeAnna and Ryznar, Margaret, The Trust as More than a Common Law Creature (April 29, 2014). Ohio Northern University Law Review, Vol. 41, No. 1, pp. 91-119, 2014. Available at SSRN: https://ssrn.com/abstract=2430599

Angelique Devaux

CHEUVREUX NOTAIRES ( email )

55 Boulevard Haussmann
Paris, 75008
France

HOME PAGE: http://www.cheuvreux-notaires.fr/

French Licensed Attorney (Diplômée Notaire), LL.M American Law (Indiana University Robert H. McKinney School of Law) ( email )

530 West New York Street
Indianapolis, IN 46202
United States

DeAnna Beckner

Indiana University Robert H. McKinney School of Law ( email )

530 W. New York Street
Indianapolis, IN 46202
United States

Margaret Ryznar (Contact Author)

Indiana University Robert H. McKinney School of Law ( email )

530 West New York Street
Indianapolis, IN 46202
United States

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