Informace o publikaci
Reception of the Law of Trusts in Civil Law Jurisdictions
| Autoři | |
|---|---|
| Rok publikování | 2025 |
| Druh | Kapitola v knize |
| Fakulta / Pracoviště MU | |
| Citace | |
| Popis | The chapter examines the reception and adaptation of trust law in civilian jurisdictions. It provides a comprehensive analysis of how the trust—a central institution of the common law—has been integrated into legal systems that traditionally do not possess a similar concept. The study explores historical developments and practical adaptations in various regions, including Japan and several Latin American countries, as well as in jurisdictions like Liechtenstein, the Czech Republic, and others. It discusses the legislative reforms and institutional innovations that have facilitated the introduction of trust-like structures into civil law, analysing the challenges posed by differences in legal subjectivity, asset segregation, and the roles of trustees versus beneficiaries. The work further contrasts trust arrangements with foundations, emphasizing the divergent approaches of common law and civil law systems. The chapter also underscores the ongoing evolution and convergence of private asset management tools in a globalized legal environment by addressing international influences, such as the Hague Trust Convention. |