Identifying an Asia-Pacific Private International Law of Trusts

Abstract

This chapter will concentrate on the issues of applicable law and jurisdiction ((i) and (ii) above) and a provisional assessment will be made of the extent to which such rules have led to increased recognition of cross-border trusts in the Asia-Pacific region. In wholly domestic cases differences between national laws on trusts, torts or contracts are normally only a matter of comparative curiosity but if a transaction crosses national boundaries, then the differing legal conceptions can come into conflict.

Note: This is a chapter published by Hart: ‘Identifying an Asia-Pacific Private International Law of Trusts’ in Y Liew and M Harding (eds), Asia-Pacific Trusts Law: Theory and Practice in Context (2021) Hart Publishing 381-404.

The print version can be found at https://www.bloomsbury.com/au/asiapacific-trusts-law-volume-1-9781509934805/.