Historical Conceptions of the Express Trust, c 1600-1900

Foster, David; (2023) Historical Conceptions of the Express Trust, c 1600–1900. In: Degeling, Simone and Hudson, Jessica and Samet, Irit, (eds.) Philosophical Foundations of the Law of Trusts. Oxford University Press, Forthcoming

Faculty of Laws University College London Law Research Paper No. 05/2023

27 Pages Posted: 8 Jun 2023

See all articles by David Foster

David Foster

University College London - Faculty of Laws

Date Written: June 8, 2023

Abstract

This chapter discusses the historical and analytical conceptions of the express trust in the period c 1600 – 1900. Particular emphasis is placed upon the historical conception of the trust as a ‘confidence annexed in privity’ and the slow reification of the beneficiary’s right under a trust in the case law and treatise literature of the period. This aspect of the trust’s history is explored through the development of rules governing the exigibility and enforceability of the beneficiary’s right and provides historical context to the more analytical treatments of the trust in the mid-to-late nineteenth century. The chapter concludes with a consideration of the significance of the school of analytical jurisprudence in shaping modern conceptions of the trust – most notably by applying the language of rights in rem and rights in personam to equitable rights.

Keywords: trust, confidence, privity, legal history, analytical jurisprudence

JEL Classification: K

Suggested Citation

Foster, David, Historical Conceptions of the Express Trust, c 1600-1900 (June 8, 2023). Foster, David; (2023) Historical Conceptions of the Express Trust, c 1600–1900. In: Degeling, Simone and Hudson, Jessica and Samet, Irit, (eds.) Philosophical Foundations of the Law of Trusts. Oxford University Press, Forthcoming, Faculty of Laws University College London Law Research Paper No. 05/2023, Available at SSRN: https://ssrn.com/abstract=4473303 or http://dx.doi.org/10.2139/ssrn.4473303

David Foster (Contact Author)

University College London - Faculty of Laws ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

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