Express Trust as the Missing Piece in the Liberal Property Regime Jigsaw

Philosophical Foundations of the Law of Trusts (Simone Degeling et al eds., Forthcoming 2021)

56 Pages Posted: 5 Feb 2021

See all articles by Hanoch Dagan

Hanoch Dagan

Tel Aviv University - Buchmann Faculty of Law

Irit Samet

King's College London; King's College London - The Dickson Poon School of Law

Date Written: December 22, 2020

Abstract

Trust sceptics are correct to revolt against the increasing abuses of the trust. But they are wrong to deem it beyond redemption. In this chapter, written for the “Philosophical Foundations of the Law of Trusts”, we develop a charitable interpretation of trust doctrine and of the legacy of the trust that offers a happy raison d’être around which it can, and should, be reconstructed. The trust, we argue, plays an indispensable role in a system of liberal (that is: autonomy-enhancing) property law. Pushing it to live up to this (implicit) promise offers an exciting reformist agenda in which many of its weeds are properly cleared.

Suggested Citation

Dagan, Hanoch and Samet, Irit, Express Trust as the Missing Piece in the Liberal Property Regime Jigsaw (December 22, 2020). Philosophical Foundations of the Law of Trusts (Simone Degeling et al eds., Forthcoming 2021), Available at SSRN: https://ssrn.com/abstract=3753282 or http://dx.doi.org/10.2139/ssrn.3753282

Hanoch Dagan (Contact Author)

Tel Aviv University - Buchmann Faculty of Law ( email )

Ramat Aviv
Tel Aviv, 69978
Israel
+972 3 640 7302 (Phone)

Irit Samet

King's College London ( email )

Strand
London, England WC2R 2LS
United Kingdom

King's College London - The Dickson Poon School of Law ( email )

Somerset House East Wing
Strand
London, WC2R 2LS
United Kingdom

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
98
Abstract Views
244
rank
316,529
PlumX Metrics