Asia-pacific trusts law : theory and practice in context.

Format:

Book

Series:

Hart Studies in Private Law

Language:

English

Physical Description:

1 online resource (423 pages)

Edition:

First edition.

Distribution:

[London, England] : Bloomsbury Publishing, 2021

Place of Publication:

London [England] : HART PUBLISHING, 2021.

Summary:

"Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book aims to do this by offering the first work that systematically explores trusts law across the region. At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity."-- Provided by publisher.

Contents:

Intro

Preface

Contents

1. Introduction

I. Background

II. The Book

III. Emerging Themes

IV. Conclusion

PART I

2. Mere and Other Discretionary Objects in Australia

I. Introduction

II. Discretionary Trusts in Australia

III. Objects with a Right to Due Administration

IV. The Opportunistic Object

V. The Beneficiary Principle

VI. Conclusion

3. A Lament for Trust Principles in New Zealand

II. The New Zealand Trusts Landscape

III. Trust Principles under Threat

4. Trusts in Hong Kong: Historical Application and Current Practice

II. Trusts Practice in Hong Kong before the Economic Boom

III. Conclusion

5. Constructive Trusts and Limitation Periods in Malaysia

II. Malaysian Limitation Periods for Trusts

III. Two Classes of Constructive Trust

IV. Class 2

V. Class 1

VI. Three Controversial Doctrines

VII. Delaying the Running of Time

VIII. Conclusion

6. Victoria Meets Confucius in Singapore: Implied Trusts of Residential Property

II. Implied Trusts in Singapore: Blast or Break from the Past?

III. Perpetrating Gender Disparity?

IV. Reflecting Confucian Family Values

V. Values and Viability

PART II

7. The Transplantation of Trusts Law in India

II. The Reception of Trusts Law in India

III. Theory and Doctrine in the Indian Trusts Act

IV. The Indian Trusts Act in Modern Debates: A Word of Caution

V. Conclusion

8. Constructive Trusts under Muslim Family Law in Pakistan: Protecting Women's Rights to Matrimonial Property

II. Women's Rights to Matrimonial Property

III. Trusts Law in Pakistan

IV. Constructive Trusts, Matrimonial Property and Muslim Family Law

V. Conclusion.

9. The Law of Trusts in Bangladesh: Theory and Practice

I. Definition of the Trust in Bangladeshi Law

II. Jurisdiction

III. Analysis of the Trusts Act 1882 in Bangladesh

IV. How Far is English Trusts Law Applicable in Bangladesh?

V. Similarities between Bangladeshi and Indian Trusts Law

VI. Benefits of the Trusts Act 1882

VII. Drawbacks of the Trusts Act 1882

VIII. Practical Application of Trusts in Bangladesh

IX. Conclusion

10. Implied Trusts in Sri Lanka as a Creature of Legislation: The Way Forward

II. Reception of Trusts

III. Implied Trusts in Sri Lanka

IV. Implied Trusts: Life Beyond the Trusts Ordinance

11. Philippine Trusts: Legal and Practical Considerations

II. Philippine Law of Trusts: An Overview

III. Considerations in Using Philippine Trusts

PART III

12. The Transformation of Japanese Trusts Law and Practice: Historical Contexts and Future Challenges

Introduction

I. Historical Reception and Commercial Uses

II. Family Trusts and Charitable Trusts

III. Doctrinal Exposition

IV. International Trust Practices

Conclusion

13. Debtor Rehabilitation and the Asset-Partitioning Effect of Security Trusts: The Korean Supreme Court's Position Revisited

I. Prologue

II. Civil Law Trusts and their Asset-Partitioning Effect

III. Rehabilitation Orders and the Asset-Partitioning Effect of the Trust

IV. Form or Substance, that is the Question

V. Epilogue

14. Taiwan's Trusts Law and Name-Borrowing Arrangements

II. The Characterisation of Name-Borrowing Arrangements

III. The Civil Law Tradition and Trusts Law in Taiwan

IV. The Debate Surrounding Name-Borrowing Arrangements in Taiwan

V. Some Thoughts on Name-Borrowing Arrangements

VI. Conclusion.

15. The Legal Nature of the Chinese Charitable Trust

II. Two Perspectives for Observation

III. Observations on the Regulatory Framework

PART IV

16. The Surviving Legacy of English Trusts Law and Trusts in Thailand

I. Historical Background to Common Law Trusts in Thailand

II. Section 1686 of the CCC and the Purported End of Common Law Trusts in Thailand

III. Trust Disputes and the Supreme Court of Thailand

17. Arrangements Resembling Trusts under Indonesian Land Law

II. Trusts under English Law

III. Trust-Like Arrangements Relating to Land in Indonesia

IV. Indonesian Property Law

V. Indonesian Land Law

VI. Returning to Trust-Like Arrangements under Indonesian Land Law

Postscript

18. Property Management Relationships and 'Trusts' in Vietnam

I. A Historical Overview

II. Property Management Relationships in Civil Law

III. Property Management Relationships in Commercial Law

IV. Other Property Management Relationships

Conclusions and Recommendations

PART V

19. Offshore Trusts in the South Pacific: How Far can the Concept of the Trust be Stretched before it Breaks?

II. Political and Legal Background

III. The Nature of Offshore Trusts in the South Pacific

IV. Does the Offshore Trust Strain the Principles of Trusts Law beyond Redemption?

20. Identifying an Asia-Pacific Private International Law of Trusts

II. Applicable Law

III. Jurisdiction

Index.

Notes:

Includes bibliographical references and index.

ISBN:

9781509934829

1509934820

9781509934805

1509934804

OCLC:

1238134503