The Trust as More than a Common Law Creature
30 Pages Posted: 29 Apr 2014 Last revised: 7 Apr 2015
Date Written: April 29, 2014
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
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