7. Non-Charitable Purpose Trusts

2020 ◽  
pp. 201-222
Author(s):  
Graham Virgo
Keyword(s):  
Property Holding ◽  
Charitable Purpose

This chapter examines the concept of the non-charitable purpose trust. It explains that non-charitable purpose trusts are generally considered void by virtue of failing to comply with the beneficiary principle. It describes exceptional conditions under which non-charitable purpose trusts are considered valid, such as trusts of an imperfect obligation, and discusses mechanisms for the implementation of non-charitable purposes. This chapter also considers the peculiar problems arising where property is transferred for the benefit of unincorporated associations and how Equity has provided solutions for property-holding by such associations and why the nature of property-holding for unincorporated associations has proved to be significant where the association is dissolved.

7. Non-Charitable purpose trusts

2018 ◽  
Author(s):  
Graham Virgo
Keyword(s):  
Property Holding ◽  
Charitable Purpose

This chapter examines the concept of the non-charitable purpose trust. It explains that non-charitable purpose trusts are generally considered void by virtue of failing to comply with the beneficiary principle. It describes exceptional conditions under which non-charitable purpose trusts are considered valid, such as trusts of an imperfect obligation, and discusses mechanisms for the implementation of non-charitable purposes. This chapter also considers the peculiar problems arising where property is transferred for the benefit of unincorporated associations and how Equity has provided solutions for property-holding by such associations and why the nature of property-holding for unincorporated associations has proved to be significant where the association is dissolved.

Origins of the Mass Party

2021 ◽  
Author(s):  
Edwin F. Ackerman
Keyword(s):  
Land Tenure ◽  
Critical Mass ◽  
Political Organization ◽  
Local Administration ◽  
Partido Revolucionario Institucional ◽  
Communal Property ◽  
Communal Land ◽  
Land Privatization ◽  
Village Government ◽  
Property Holding

This book argues that the mass party emerged as the product of two distinct but related “primitive accumulations”—the dismantling of communal land tenure and the corresponding dispossession of the means of local administration. It illustrates this argument by studying the party central to one of the longest regimes of the 20th century—the Partido Revolucionario Institucional (PRI) in Mexico, which emerged as a mass party during the 1930s and 1940s. I place the PRI in comparative perspective, studying the failed emergence of Bolivia’s Movimiento Nacionalista Revolucionario (MNR) (1952–64), attempted under similar conditions as the Mexican case. Why was party emergence successful in one case but not the other? The PRI emerged as a mass party in areas in Mexico where land privatization was more intensive and communal village government was weakened, enabling the party’s construction and subsequent absorption of peasant unions and organizations. Ultimately, the overall strength of communal property-holding and concomitant traditional political authority structures blocked the emergence of the MNR as a mass party. Where economic and political expropriation was more pronounced, there was a critical mass of individuals available for political organization, with articulatable interests, and a burgeoning cast of professional politicians that facilitated connections between the party and the peasantry.

The land market of a Pennine manor: Slaidburn, 1650–1780

1999 ◽  
Vol 14 (3) ◽  
pp. 349-383 ◽  
Author(s):  
H. R. FRENCH ◽  
R. W. HOYLE
Keyword(s):  
Early Modern ◽  
Middle Ages ◽  
Quantitative Study ◽  
Economic Stress ◽  
Land Market ◽  
Land Markets ◽  
English History ◽  
Property Holding ◽  
The Middle Ages

The quantitative study of English land markets in the three centuries after the close of the middle ages is still in its infancy. The medievalists, exploiting the conveyances of customary tenants recorded in manorial court rolls, have shown how issues such as the devolution of land within families, the frequency with which land was sold and the behaviour of the land market at moments of demographic or economic stress can be addressed by the analysis of such data either aggregatively or by looking at the landholding histories of individual participants in the land market. Early modernists have invariably approached the study of the land market in a non-quantitative fashion, usually as part of an attempt to make observations about some other characteristic of English history. Stone looked at the land market in the sixteenth and early seventeenth centuries as part of his campaign to prove that the aristocracy was in decline, Macfarlane to show that the property-holding behaviour of the English was ‘individualistic’, Habbakuk to explore the strategies by which the English aristocracy maintained its supremacy and Mingay and others to settle the debate about the effect of enclosure on the small landowner. The early modern land market has rarely, if ever, been seen as worthy of discussion in its own right.

7. Purpose trusts

2021 ◽  
pp. 149-171
Author(s):  
Gary Watt
Keyword(s):  
General Rule ◽  
Legal Person ◽  
Legal Knowledge ◽  
Key Points ◽  
Nonprofit Associations ◽  
Charitable Purpose

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. The object of a trust can be a legal person (human or corporate), a public (charitable) purpose or a private purpose. This chapter shows that trusts for private purposes are generally void, although there are a number of important exceptions to this general rule, that is, where trusts for private purposes are valid. A trust for private purposes usually takes the form of a permanent endowment, which potentially renders the capital inalienable in perpetuity. The chapter explains why trusts for private purposes are generally void and discusses the anomalous exceptions to the general rule, trusts of imperfect obligation, purpose trusts with indirect human beneficiaries and distribution of surplus donations. It also looks at various devices for avoiding the prohibition against trusts for private purposes, outlines the special problems raised by gifts to unincorporated nonprofit associations and considers how a donor can achieve their intentions in making a gift to an unincorporated association.

7. Non-charitable purpose trusts

2016 ◽  
pp. 101-112
Author(s):  
Iain McDonald ◽  
Anne Street
Keyword(s):  
Charitable Purpose

6. Charitable trusts

2020 ◽  
pp. 77-101
Author(s):  
Iain McDonald ◽  
Anne Street
Keyword(s):  
Essential Information ◽  
The Public ◽  
Public Benefit ◽  
Charitable Trust ◽  
Charitable Purpose

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses charitable trusts. Charitable trusts differ from private trusts in a number of ways. A charitable trust must be: for a recognized charitable purpose; for the ‘public benefit’; and for exclusively charitable purposes. The public benefit requirement raises different issues under each head of charity. Legislation related to charities and their regulation has recently been consolidated by the Charities Act 2011. Cy-près is a power which allows failing charitable trusts to be applied to other related charities.

Non-charitable purpose trusts

2013 ◽  
pp. 97-107
Author(s):  
Iain McDonald ◽  
Anne Street
Keyword(s):  
Charitable Purpose
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