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For women and other marginalized groups, the reality is that the laws regulating estates and trusts may not be treating them fairly. By using popular feminist legal theories as well as their own definitions of feminism, the authors of this volume present rewritten opinions from well-known estates and trust cases. Covering eleven important cases, this collection reflects the diversity in society and explores the need for greater diversity in the law. By re-examining these cases, the contributors are able to demonstrate how women's property rights, as well as the rights of other marginalized groups, have been limited by the law.
This engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for success. The law is made relevant to current practice through chapters that define and explain key legal principles, and examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. This updated edition offers added features, in particular comprehensive lists of further reading and also a glossary of key terms. Every chapter has been updated and new case law has been added. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.
Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases – including the Supreme Court and Privy Council decisions in Patel v. Mirza  UKSC 42, PJS v. News Group Newspapers Ltd  UKSC, Burnden Holdings v. Fielding  UKSC 14, and Federal Republic of Brazil v. Durant  UKPC 35 – are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.
The second edition of A Sourcebook on Equity and Trusts in Australia follows the structure of the second edition of Equity and Trusts in Australia and provides a selection of primary legal materials with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Fully revised and updated, the second edition features a new chapter on the termination of trusts and includes extracts from recent decisions. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Detailed commentary accompanies the case extracts, giving a clear account of the facts and issues considered by the court. Chapters contain problems and discussion questions designed to enhance student learning.
The fusion of law and equity in common law systems was a crucial moment in the development of the modern law. Common law and equity were historically the two principal sources of rules and remedies in the judge-made law of England, and this bifurcated system travelled to other countries whose legal systems were derived from the English legal system. The division of law and equity - their fission - was a pivotal legal development and is a feature of most common law systems. The fusion of the common law and equity has brought about major structural, institutional and juridical changes within the common law tradition. In this volume, leading scholars undertake historical, comparative, doctrinal and theoretical analysis that aims to shed light on the ways in which law and equity have fused, and the ways in which they have remained distinct even in a 'post-fusion' world.
In International Taxation of Trust Income, Mark Brabazon establishes the study of international taxation of trust income as a globally coherent subject. Covering the international tax settings of Australia, New Zealand, the UK, and the US, and their taxation of grantors/settlors, beneficiaries, trusts, and trust distributions, the book identifies a set of principles and corresponding tax settings that countries may apply to cross-border income derived by, through, or from a trust. It also identifies international mismatches between tax settings and purely domestic design irregularities that cause anomalous double- or non-taxation, and proposes an approach to tax design that recognises the policy functions (including anti-avoidance) of particular rules, the relative priority of different tax claims, the fiscal sovereignty of each country, and the respective roles of national laws and tax treaties. Finally, the book includes consideration of BEPS reforms, including the transparent entity clause of the OECD Model Tax Treaty.
Trust law has grown and developed over recent years through the continued ingenuity of practitioners and the provision of innovative new trust laws by offshore jurisdictions. The wealth managed through the medium of trust law has also changed in recent years, as increasingly it has come from the newly rich of Asia. This brings distinctive issues to the fore: the role of settlors, family members and trusted advisors in trust administration; the position of trustees in relation to instructions coming from such persons; and an increased desire for confidentiality in trust administration and the settlement of trust disputes. This collection focuses on trusts which are deliberately created to manage wealth and the concomitant issues such trusts raise in other areas of law. Essays from leading members of the judiciary, practitioners and academics explore these developments and their implications for the users of trust law and for society in general.
Incorporating recent case law developments, the second edition of Equity and Trusts in Australia provides undergraduate and Juris Doctor students with a current and accessible introduction to Australian equitable and trust law. Expanding upon first edition content, the text includes greater depth of topic discussion, explanation of key theories and terminology, while demonstrating how these are applied in practice. Chapters including Fiduciary Obligations, Resulting Trusts and Constructive Trusts have been reworked to strengthen the text's coverage of all facets of equity and trusts law. Equity and Trusts in Australia, second edition links key doctrines to their wider relationship with the law, making it a fundamental text for students embarking on this area of study for the first time.
Each generation of lawyers in common law systems faces an important question: what is the nature of equity as developed in English law and inherited by other common law jurisdictions? While some traditional explanations of equity remain useful - including the understanding of equity as a system that qualifies the legal rights people ordinarily have under judge-made law and under legislation - other common explanations are unhelpful or misleading. This volume considers a distinct and little noticed view of equity. By examining the ways in which courts of equity have addressed a range of practical problems regarding the administration of deliberately created schemes for the management of others' affairs, modern equity can be seen to have a strongly facilitative character. The extent and limits on this characterisation of equity are explored in chapters covering equity's attitude to administration in various public and private settings in common law systems.
A Sourcebook on Equity and Trusts in Australia can be used as both a freestanding casebook and as a companion to the Equity and Trusts in Australia textbook. This casebook follows the structure of Equity and Trusts in Australia and provides a selection of primary legal materials together with accompanying commentary and discussion, covering the principal areas of equity and the law of trusts taught in Australian law schools. Cases have been carefully selected based on the needs of undergraduate law and Juris Doctor students approaching this subject for the first time. Case extracts give a clear account of the facts and issues considered by the court, and the detailed commentary is accompanied by problems and discussion questions to enhance student learning. Clearly written by authors with extensive experience in the field, A Sourcebook on Equity and Trusts in Australia encourages students to engage with the principles of equity and the law of trusts and to understand how they apply in the real world.
This latest edition of Moffat's Trusts Law has been fully revised and updated to cover recent statutory developments and explores the impact of a wealth of new cases including the Supreme Court decisions in Pitt v. Holt (2013), FHR European Ventures v. Cedar Capital Partners (2014) and Williams v. Central Bank of Nigeria (2014). It has been restructured to incorporate a new chapter on the internationalisation of the trust which provides an understanding of the new directions being taken in the areas of trust law and equitable remedies. Supplementary material includes an online chapter on occupational pension schemes. With suggestions for further reading guiding the student to contemporary debates, this leading textbook retains its hallmark combination of a contextualized approach and a commercial focus, and remains the serious student's textbook of choice.
This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.
Despite the common belief that they are found only in the common law tradition, trusts have long been known in mixed jurisdictions even where they have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.
The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. In Trust Law in Asian Civil Law Jurisdictions, the authors: Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectivesDiscuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing themEngage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated.The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large.
Equity and Trusts in Australia is a practical and engaging introduction to equitable and trusts law in Australia. Drawing on the authors' collective 45 years of teaching experience, this text is carefully designed to cater to the needs of undergraduate law and Juris Doctor students approaching equity and trust law for the first time. The book provides a succinct, clear and accessible explanation of key theories and terminology in equitable and trust law and demonstrates how these are applied in practice with simple, topical examples. Comprehensively cross-referenced, it draws links between equitable and trusts doctrines and their wider relationships to the law. The companion website, at www.cambridge.edu.au/academic/equity is an invaluable resource for students and lecturers, featuring further reading, discussion points and practice exercises and solutions.
Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.
This engaging introduction explores the key principles of equity and trusts law and offers students effective learning features. By covering the essentials of each topic, it ensures students have the foundations for successful further study. The law is made relevant to current practice through chapters that define and explain key legal principles. Examples and exercises set the law in context and make the subject interesting and dynamic by showing how these rules apply in real life. Key facts sections and summaries help students remember the crucial points of each topic and practical exercises offer students the opportunity to apply the law. Exploring clearly and concisely the subject's key principles, this should be every equity student's first port of call.
Inspired by recent debate, the purpose of this collection of essays on private law doctrines, remedies and methods is to celebrate and illustrate the contribution that both 'top-down' and 'bottom-up' methods of reasoning make to the development of private law. The contributors explore a variety of topical subjects, including judicial approaches to 'top-down' and 'bottom-up' methods; teaching trusts law; the protection of privacy in private law; the development of the law of unjust enrichment; the private law consequences of theft; equity's jurisdiction to relieve against forfeiture; the nature of fiduciary relationships and obligations; the duties of trustees; compensation and disgorgement remedies; partial rescission; the role of unconscionability in proprietary estoppel; and the nature of registered title to land.
Always the serious student's choice of a Trusts Law textbook, this new edition once again provides a clear examination of the rules in the detail required by the advanced undergraduate. This fifth edition retains its hallmark combination of a contextualized approach and a commercial focus. The authors' commentary has been increased throughout this new edition whilst the fresh design clearly highlights the cases and materials extracts. Recent statutory developments, such as the Charities Act 2006, and the impact of a wealth of new cases are explored, the examination of the law of trusts and taxation is restructured and comparative examples help students understand the new directions being taken in the areas of trust law and equitable remedies. Trusts Law brings a modern perspective to a subject often perceived as traditional, with suggestions for further reading guiding the student to contemporary debates.
With its unique contextual emphasis and authoritative commentary, Trusts Law: Text and Materials is a book that no serious undergraduate on trust law courses can afford to be without. The book is divided into four main parts: trusts and the preservation of family wealth; trusts and family breakdown; trusts and commerce; and trusts and non-profit activity. Within each of these parts, leading cases, statutes, and historical and research materials are placed alongside the narrative of the author's text to give emphasis both to general theories of trust concepts and to the practical operation of trusts. Attention is also given to important themes such as the developing relationship between trusts law and other areas of private law such as the Law of Restitution. This new edition takes account of all relevant judicial and legislative developments since the third edition, and expands discussion of key themes in current developments of the law.
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