Trust Law in Asian Civil Law Jurisdictions

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.

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Trust Law in Asian Civil Law Jurisdictions: A Comparative Analysis

The Chinese Journal of Comparative Law ◽

10.1093/cjcl/cxu019 ◽

2014 ◽

Vol 3 (1) ◽

pp. 190-192

Author(s):

Z. Meng

Keyword(s):

Comparative Analysis ◽

Civil Law ◽

Trust Law

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Beware the Asset Protection Trust

European Property Law Journal ◽

10.1515/eplj-2016-0007 ◽

2016 ◽

Vol 5 (2) ◽

Author(s):

Carla Spivack

Keyword(s):

Social Policy ◽

Common Law ◽

Civil Law ◽

Legal Philosophy ◽

Tax Law ◽

Asset Protection ◽

Legal Texts ◽

The Common ◽

Trust Law ◽

Legislative Approval

AbstractCivil law regimes in Europe have been cautiously open to the common law trust for commercial purposes, and to some forms of the private trust as well. This openness indicates that the time may be right to issue a warning to civil lawyers about the recent proliferation of highly problematic forms of the trust in the U. S., and to offer an explanation of the dysfunction which allowed these trusts to win legislative approval. Civil law may be less amenable to these forms of trust for reasons of social policy and legal philosophy as expressed in foundational legal texts. Recent changes to EU trust law and to French and Dutch tax law indicate that this may be the case. This article discusses these new trust forms and discusses some elements of civil law which, at least from a common lawyer’s perspective, offer some resistance to them.

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Trusts Reimagined: The Transplantation and Evolution of Trust Law in Northeast Asia

The American Journal of Comparative Law ◽

10.1093/ajcl/avaa010 ◽

2020 ◽

Vol 68 (2) ◽

pp. 441-467

Author(s):

Ying-Chieh Wu

Keyword(s):

Common Law ◽

Civil Law ◽

Northeast Asia ◽

Underlying Structure ◽

The Core ◽

The Common ◽

Civil Codes ◽

Northeast Asian ◽

Trust Law

Abstract This Article suggests that the trust envisaged by a Northeast Asian lawyer is not like the trust a common lawyer would generally conceptualize, and that a structurally different species of trust has been reconstructed and reimagined in Northeast Asia. Trust law can be transplanted, yet some of its rules are too cumbersome to be accepted directly. This ultimately calls for modifications of some of the features of the common law trust, which happened in Northeast Asia when trust law was transplanted into Romano-Germanic civil law culture, culminating in a type of civil law trust. This Article explains how the doctrinal conflicts between the civil law tradition and the common law trust have been resolved by examining the transformations that took place in the course of the transplantation process and how these conflicts created a distinctive underlying structure of the trust in Northeast Asia. Many compromises and modifications were made to pare down conflicts arising from grafting the common law-based trust onto Romano-Germanic soil. However, adopting modified trusts unexpectedly led to the dilution of some of the traditional rules in the civil codes. These alterations and the ensuing discordance with some presently well-settled civil law theories are the core themes of this Article.

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The Right to Enforce Conforming Performance - Focused on the discussion of the Civil Law revision -

Ewha Law Journal ◽

10.32632/elj.2018.22.3.1 ◽

2018 ◽

Vol 22 (3) ◽

pp. 1-43

Author(s):

Chong-Kun OH

Keyword(s):

Civil Law ◽

The Right

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BASIC FUNDAMENTALS OF CIVIL LAW AND THEIR IMPORTANCE

Scientific and Informational Bulletin of Ivano-Frankivsk University of Law Named after King Danylo Halytskyi - Scientific and informational bulletin of Ivano-Frankivsk University of Law named after King Danylo Halytskyi ◽

10.33098/2078-6670.2019.8.20.120-126 ◽

2019 ◽

pp. 120-126

Author(s):

Diana Vivcharuk

Keyword(s):

Law Enforcement ◽

Scientific Knowledge ◽

Civil Law ◽

Comprehensive Analysis ◽

Practical Significance

Purpose. The purpose of the article is the regulation of relations on the principles of civil law. Methodology. The methodology includes a comprehensive analysis and a synthesis of available scientific and theoretical information. It is includes the formulation of relevant conclusions and recommendations. Such methods of scientific knowledge were used: terminological, functional, systemic-structural, logical-normative. Results: it was determined, that principles of civil law – an ideas of the civil law, that characterized by systematic,versatile, more stable, more regylated. Originality. An article is the special reseach that explores the problems of civil law in Ukraine. Practical significance. The results of the research can be used in legislation and law-enforcement activities.

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A Study on the Obligee Subrogation Right in the Japanese Revised Civil Law

Yonsei Law Journal ◽

10.33606/yla.31.2 ◽

2018 ◽

Vol 31 ◽

pp. 33-55

Author(s):

Tae-shin Park

Keyword(s):

Civil Law

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Academic Feud, Bloodfeud, and William Welwood: Legal Education in St Andrews, 1560–1611-Part I

Edinburgh Law Review ◽

10.3366/elr.1998.2.2.158 ◽

1998 ◽

Vol 2 (2) ◽

pp. 158-179 ◽

Cited By ~ 1

Author(s):

John W Cairns

Keyword(s):

Seventeenth Century ◽

Sixteenth Century ◽

Legal History ◽

Legal Education ◽

Civil Law ◽

Legal Culture ◽

Roman Law ◽

Joint Meeting ◽

Academic Education

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.

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