Re-imagining the Trust

Although the trust is generally seen as a creation of the common law tradition, modern civilian systems are increasingly interested in incorporating the trust institution. This collection of essays explores multiple civilian experiences with the trust. The reform of Quebec's trust institution attracted worldwide attention in 1994. Louisiana's 1964 Trust Code stands in an uneasy relationship with its general law of property. Israel has had a fascinating pluralist experience of multiples trusts. The People's Republic of China passed a Trust Law in 2001 and the development of the trust in this important economy is a matter of great interest and some controversy. France adopted a trust in 2007, and in Italy, trusts can be created through the choice of foreign governing law, under the Hague Trusts Convention. The concluding chapter draws conclusions from all the essays and sets out challenges for future research in the comparative law of trusts.

• Trusts are generally unknown in most modern civilian legal systems, and this book provides a perspective on some of the ways in which civilian systems have accepted them
• Civilian and common law readers who are interested in comparative law will appreciate the demonstration of the various ways in which civilian systems can incorporate the trust
• Explores the historical foundations of trusts in civilian systems, thereby helping to clarify possible solutions for law reform in other jurisdictions