Thai Trust Law

2021 ◽  
pp. 153-169
Author(s):  
Surutchada Reekie ◽  
Narun Popattanachai
Keyword(s):  
Trust Law

Fiduciary Law, Good Faith, and Publicness

2019 ◽  
pp. 762-779
Author(s):  
Hillary A. Sale
Keyword(s):  
Case Law ◽  
Corporate Law ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Red Flags ◽  
Corporate Development ◽  
Duty Of Loyalty ◽  
Trust Law

This chapter uses corporate law as a case study to evaluate the content of the fiduciary duty of good faith. Tracing its development from Van Gorkom through to the present, the chapter shows how good faith, though part of the duty of loyalty, has become a gap filler, policing the space between generally exculpated breaches of care and the more obvious breaches of loyalty. This chapter also surveys good faith case law to show the most common “red flags” for which corporate officers and directors should be monitoring. An analysis of two of the most recent good faith cases—City of Birmingham and In re Wells Fargo—show how the theory of publicness can be used to predict future good faith developments. Finally, the chapter ends by showing that the duty of good faith’s expansion into trust law parallels its corporate development by emphasizing its gap-filler function.

Fiduciary Principles in the Canon Law

2019 ◽  
pp. 489-504
Author(s):  
Richard H. Helmholz
Keyword(s):  
Canon Law ◽  
Fiduciary Duty ◽  
Historical Background ◽  
English Court ◽  
Medieval Church ◽  
Canonical Texts ◽  
Trust Law ◽  
The Church ◽  
Court Practice

This chapter discusses the scope of principles of fiduciary duty as they appear in the canon law. It first provides a historical background on canon law and its relation to fiduciary law, noting that the medieval church and principles of fiduciary duty were interconnected in direct and positive ways. In fact, the church was governed by many of the same principles of fiduciary law that are found in modern trust law, and these principles were fully and authoritatively stated in the Corpus iuris canonici during the twelfth and thirteenth centuries. The chapter proceeds by analyzing the Corpus iuris canonici and its two books: Gratian’s Concordia discordantium canonum, also known as the Decretum, and the books of Decretals. It also traces the development of fiduciary law inherent in some of the canonical texts and explains how fiduciary principles came to be enforced in the canon law, citing examples of the width of the scope of fiduciary principles found in English court practice, including a duty applied only to the clergy. Finally, it considers whether the modern law of trusts was shaped in any way by canonical influence.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

The Vision of Foundations of Social Theory

1992 ◽  
Vol 14 (2) ◽  
Author(s):  
James S. Coleman
Keyword(s):  
Social Construction ◽  
Social Environment ◽  
Social Theory ◽  
Social Systems ◽  
Social Institutions ◽  
Modern Society ◽  
Theory Of Action ◽  
Fundamental Change ◽  
Individual Actions ◽  
Trust Law

AbstractModern society has undergone a fundamental change to a society built around purposively established organizations. Social theory in this context can be a guide to social construction. Foundations of Social Theory is dedicated to this aim. Being oriented towards the design of social institutions it has to choose a voluntaristic, purposive theory of action and must make the behavior of social systems explainable in terms of the combination of individual actions. It has to deal with the emergence and maintenance of norms and rights, the concepts of authority, trust, law and legitimacy, the viability of organizations and the efficiency of social systems. But more important than the specific points is the vision of a new role for social theory in an increasingly constructed social environment. This vision is the motivation behind Foundations of Social Theory.

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