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Volume 10, Number 2 July 2009 Article 3 HISTORIES OF LEGAL TRANSPLANTATIONS Transplantation and Mutation in Anglo-American Trust Law Joshua Getzler∗ ∗, Theoretical Inquiries in Law Transplantation and Mutation in Anglo-American Trust Law Joshua Getzler* In the early nineteenth century, authoritative treatise writers such as James Kent and Joseph Story represented Anglo-American trust law as a seamless web. But the transplantation of trust law from England to America was not a simple process of adherence. Rather, American courts and legislatures came to discard

/her spouse): the beneficiary’s interests were protected even in these circumstances. After the abolition of the dual system of courts (Common Law and Equity) with the Judicature Acts of 1873–1875, the rules elaborated by the Court of Chancery continue to be applied in England by today’s Courts. Within the English legal system, trust law evolved to the point that it now encompasses multiple types of trusts. One such trust, for example, is the purpose trust: it has no beneficiaries and the trustee must satisfy a specific purpose, as defined by the settlor. Another type of

from reaching its welfare potential? Trevor Ryan Abstract This article argues that recent reforms to Japan’s trust law regime have not fully exploited the potential of the trust in an ageing society. It argues that the commercial emphasis of the reforms has intangible ramifications for the concept of the trust in Japan that render the trust of questionable suitability for welfare oriented applications. The article also explores the potential of the courts to rescue the welfare role of the trust, in part by developing doctrine responsively to a given trust arrangement

Eine Darstellung des chinesischen Trustgesetzes von 2001 vor dem Hintergrund des englischen Trustrechts und des Rechts der fiduziarischen Treuhand in Deutschland

the particulars of trust law, because they are relying on a merely illustrative, folk understanding of trusts or fiduciarity. The other is that there is no clear reason for such theorists to concern themselves with the particulars of trust law because even when they do make substantive reference to the trust model, they almost always now do so by reference to fiduciarity rather than trust. It is surely true that theorists who mention, in passing, the resemblance or relevance of trusts to parent-child relationships tend to invoke the concept illustratively rather

Überarbeitete und ergänzte Sonderausgabe
Journal of Competition Law

is Basic Issues of Private Law Codification in Europe: Trust Ugo Mattei Abstract In this paper I approach trust law from the perspective of the European legal system consid- ering whether or not to codify this area of the law. My hope is that this practical focus can bring some better understanding of the nature of trust law. I try moreover to move a step forward in tackling some of the basic questions that should be on the agenda of European private law today. KEYWORDS: trust BASIC ISSUES OF PRIVATE LAW CODIFICATION IN EUROPE: TRUST. Ugo Mattei1 1. Introduction