Common Law Equity in a Civil Law Country

44 (3/4) VUWLR 427-438

12 Pages Posted: 23 Feb 2016

See all articles by Anthony H. Angelo

Anthony H. Angelo

Victoria University of Wellington - Faculty of Law

Ashleigh Allan

Crown Law Office

Date Written: 2013

Abstract

This article serves to introduce an aspect of current research related to the review of the Seychelles Civil Code and the important question of the role of trusts. The Civil Code is based on the Code Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles have, however, a statutory equitable jurisdiction. That jurisdiction has given rise to the question whether the trust of England may be able to operate in Seychelles. The prime area of discussion of this possibility has been in relation to the property rights of the parties to a failed concubinage relationship. This article focuses on that discussion.

Keywords: Seychelles, civil code, civil law, civil, trusts, equity, Napoléon, statutory equitable jurisdiction, jurisdiction, equitable, comparative law

JEL Classification: K00, K1, K10, K21, K20, K22, K23, K29, K2, K39, K3, K40, K4, K49

Suggested Citation

Angelo, Anthony H. and Allan, Ashleigh, Common Law Equity in a Civil Law Country (2013). 44 (3/4) VUWLR 427-438, Available at SSRN: https://ssrn.com/abstract=2736676

Anthony H. Angelo (Contact Author)

Victoria University of Wellington - Faculty of Law ( email )

PO Box 600
Wellington, 6140
New Zealand

Ashleigh Allan

Crown Law Office ( email )

PO Box 2858
Wellington, 6140
New Zealand

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