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Hague Conference on Private International Law: Explanatory Report by Alfred von Overbeck on the Hague Convention on the Law Applicable to Trusts and on Their Recognition

Published online by Cambridge University Press:  27 February 2017

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Type
Reports
Information
International Legal Materials , Volume 25 , Issue 3 , May 1986 , pp. 593 - 618
Copyright
Copyright © American Society of International Law 1986

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References

* [Reproduced from the Hague Conference on Private International Law, Proceedings of the Fifteenth Session, Book II, Trusts - Applicable law and recognition (1986), pp. 370-415. The text of the Convention appears at 23 I.L.M. 1389 (1984).]

** [The Introductory Note was prepared for International Legal Materials by Emmanuel Gaillard, I.L.M. Corresponding Editor for France, Professor of International Law, University of Lille II, and Avocat a la Cour, Bredin, Prat, Saint-Esteben & Gaillard (Paris).]

1 Final Act of the Fourteenth Session,Part E, No 3. See Acts and Documents of the Fourteenth Session,1980, Book I, Miscellaneous matters,pp. 64, 167, 189, 230, 241.

2 Report on trusts and analogous institutions,Preliminary Document No 1, May 1982 (referred to as ‘Dyer/Van Loon Report’).

3 Preliminary Document No 7 of November 1982 (hereinafter referred to as ‘Drift articles of November 1982’).

4 Trusts — Applicable law and recognition, preliminary draft Convention adopted hv the Special Commission and Report by Alfred E. von Overbeck,Preliminary Document No 9 of March 1984 for the attention of the Fifteenth Session (hereinafter referred to as ‘Report of the Special Commission“).

5 Preliminary Document No 10.

6 Law applicable to contracts for the international sale of goods, draft Convention adopted by the Special Commission and Report by Arthur Taylor von Mehren,Preliminary Document No 4 of August 1984 for the attention of the Diplomatic Conference of October 1985 (hereinafter referred to as ‘Draft Sales Convention’).

7 Convention on Jurisdiction anil ihe Enforcement of Judgments in Civil ami Commercial Mattersof 27 September 1968. amended by [he Accession Conventions of 9 October 1978 and of 25 October 1982. Official Journal of the European Communities,No C 97/2 dated 11 April 1983 (hereinafter referred to as ‘Brussels Convention’).

8 Convention of 19 June 1980 on the Law Applicable lo Contractual Obligations. Official Journal of the European CommunitiesL 266/1, of 9 October 1980 (hereinafter referred to as ‘Rome Convention“).

9 On reservations and their reciprocities, see “Note on reservations and options in the Hague Conventions’ in Acts and Documents of the Thirteenth Session.1976. Book 1, Miscellaneous matters,p. 102