title: Trusts in mixed jurisdictions
metadata.name: dc.contributor.author
metadata.value: Lupoi, Maurizio
metadata.lang: -
metadata.name: dc.date.accessioned
metadata.value: 2023-03-02T19:50:19Z
metadata.lang: -
metadata.name: dc.date.available
metadata.value: 2023-03-02T19:50:19Z
metadata.lang: -
metadata.name: dc.date.issued
metadata.value: 2023-03
metadata.lang: -
metadata.name: dc.identifier.citation
metadata.value: Lupoi, Maurizio. 2023. Trusts in mixed jurisdictions. Pravovedenie 67 (1): 21–55. https://doi.org/10.21638/spbu25.2023.102
metadata.lang: en_GB
metadata.name: dc.identifier.other
metadata.value: https://doi.org/10.21638/spbu25.2023.102
metadata.lang: -
metadata.name: dc.identifier.uri
metadata.value: http://hdl.handle.net/11701/39201
metadata.lang: -
metadata.name: dc.description.abstract
metadata.value: Closed legal systems are gone in modern world, “mixed” legal systems have become the norm.
  That has made so-called “transplants” easier but, contrary to a widely held view, legal institutions
  cannot be transplanted. English trust rules even less, for they are not a coherent set of
  rules. The British attempted to legislate on trusts for their colonies, for instance for Ceylon (the
  present-day Sri Lanka), and were thus obliged to be coherent. That made it necessary to introduce
  new legal concepts with unforeseeable consequences. A wave of legislation followed the
  adoption of the convention “On The Law Applicable To Trusts And On Their Recognition” by the
  15th session of the Hague Conference on private international law (1985); it gave birth to the “international
  model” of trusts that quickly became the favourite setting of the rich and ultra-rich.
  Jersey in the Channel Islands was the leading jurisdiction, many others followed but it was not
  until the establishment of the International Finance Centres in the Gulf and later in Kazakhstan
  where “the laws of England and Wales” are taken as a source of law and local courts are staffed
  by former English judges or in any event by lawyers brought up in the common law that a proper
  transplant of the English trust took place. A totally different legal setting witnessed attempts to
  create imitations that had to run against well-established civil law conceptual attitudes that did
  not allow the existence of more than one patrimony per person or the segregation of assets
  within one person’s patrimony. In 2022 France decreed that each businessman is automatically
  the owner of two patrimonies; that open the way to a radical re-thinking of civil law notions.
  Québec and Louisiana are taken as examples of civil law legislation on trusts but Québec
  has followed its own idea that the assets that form the object of a fiducie belong to nobody,
  while Louisiana’s Trust Code is a deft admixture of civil law and common law elements based
  on the civilian notion of “fiduciary”. Luxembourg, France and other civil law countries are then
  examined: the focus then is on South Africa and Scotland, two countries which have a common
  past in a shared period of the European ius commune and a common present in being both orphaned
  from a cultural lineage that provided answers to current matters by drawing on Roman
  law. Now they both solve the problem of the patrimony by holding that a trustee has more than
  one patrimony, his own and then one for each trust of which he is the trustee.
metadata.lang: en_GB
metadata.name: dc.language.iso
metadata.value: en
metadata.lang: en_GB
metadata.name: dc.publisher
metadata.value: St Petersburg State University
metadata.lang: en_GB
metadata.name: dc.relation.ispartofseries
metadata.value: Pravovedenie;Volume 67; Issue 1
metadata.lang: -
metadata.name: dc.subject
metadata.value: trusts
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: civil law
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: common law
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: mixed jurisdictions
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: financial centres
metadata.lang: en_GB
metadata.name: dc.subject
metadata.value: transplants
metadata.lang: en_GB
metadata.name: dc.title
metadata.value: Trusts in mixed jurisdictions
metadata.lang: en_GB
metadata.name: dc.type
metadata.value: Article
metadata.lang: en_GB
resources.filename: 02.pdf
resources.url: https://dspace.spbu.ru/bitstream/11701/39201/1/02.pdf
resources.format: Adobe PDF
resources.size: 893,54 kB