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Full-Text Articles in Law
The Role Of Offshore Jurisdictions In The Development Of The International Trust, David Brownbill
The Role Of Offshore Jurisdictions In The Development Of The International Trust, David Brownbill
Vanderbilt Journal of Transnational Law
The trust is a common law invention, the product of experience over many years. But the more it is reduced to legislation, the more formalistic it becomes, and the less able it will be to respond to new situations and challenges. The quasi-code approach--and, to a much lesser extent, the targeted approach--also results in a fragmenting of the trust law. The trust has benefited immensely from the relative uniformity of most general principles throughout the Commonwealth and other common law countries. This has enabled developments, in the form of judicial pronouncements, in one country to be freely adopted in others. …
English Fiduciary Standards And Trust Law, David Hayton
English Fiduciary Standards And Trust Law, David Hayton
Vanderbilt Journal of Transnational Law
This Article will focus on two major areas of inquiry in contemporary English trust law: fiduciary standards and substantive trust law. In Part II it will cover the trustees' exercise of managerial discretions and of distributive discretions, before considering the role and duties of protectors in relation thereto. In Part III it will focus upon spendthrift and other protective trusts, the termination of trust rules, the hesitancy to invoke public policy to invalidate conditions imposed by settlors, and difficulties in ascertaining whether a proper valid trust has been created.
Significant Trends In The Trust Law Of The United States, Edward C. Halbach, Jr.
Significant Trends In The Trust Law Of The United States, Edward C. Halbach, Jr.
Vanderbilt Journal of Transnational Law
In examining significant trends in American trust law, several observations are worth mentioning at the outset. First, trust law in the United States is primarily a matter of state law; thus, the trends discussed below may appear in some states but not in others. Second, procedural merger of law and equity in this country has been substantially accomplished in nearly all states, but this should not be understood as eliminating the importance of equitable doctrine and remedies. Third, without abandoning the basic definition of a trust as a fiduciary relationship, there appear to be subtle but practically significant departures from …