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Trust Law in Asian Civil Law Jurisdictions: A Comparative Analysis
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Trust Law in Asian Civil Law Jurisdictions: A Comparative Analysis

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Overview
Published July 2013 (Cambridge)
ISBN: 9781107023123. Hard Cover.
Description

EDITORS: Lusina Ho, The University of Hong Kong

Rebecca Lee, The University of Hong Kong

The reception of the trust in civil law jurisdictions has generated considerable conceptual debate internationally and in East Asia. 

In Trust Law in Asian Civil Law Jurisdictions, the authors: 

• Provide a detailed comparative examination of trust laws in Asian civil law jurisdictions from both operational and theoretical perspectives 

• Discuss the reception of the trust laws in Japan, South Korea, Taiwan and China and the challenges facing them 

• Engage in in-depth comparative inquiries as to how these Asian legal systems resolve questions pertaining to the trust

• Evaluate the distinctive features of Asian trusts and how they are moulded to suit the civilian legal frameworks within which they are situated. 

The analysis intersects with the Trento trust project in Europe, but also differs from it by providing valuable perspectives of the 'Asian' approaches to trust researchers in Asia and the Anglophone world at large. Helps researchers and practitioners to understand the historical background of and latest developments in trust laws in civil law jurisdictions in East Asia Use of Trento trust project scenarios allows readers to draw close comparisons within these Asian jurisdictions and between them and the European jurisdictions considered in the Trento project Provides readers with a deep understanding of the theoretical issues arising from the reception of the trust in Asia and a critical evaluation of Asian approaches 

Table of Contents 

Part I. Overview: 

1. Introduction

2. Reception of the trust in Asia: a historical perspective

3. Trust law in Japan: inspiring changes in Asia, 1922 and 2006

4. Trust law in South Korea: developments and challenges 

5. Trust law in Taiwan: history, current features and future prospect

6. Trust law in China: a critical evaluation of its conceptual foundation

Part II. Case Studies: 

7. Case 1: creating, managing and terminating the management relationship

8. Case 2: protecting ring-fenced assets against incompetence of the asset manager

9. Case 3: protecting ring-fenced assets against disloyalty of the asset manager 

10. Case 4: distribution of property in the insolvency of the owner

11. Case 5: protecting ring-fenced assets from the insolvency of the asset manager

12. Case 6: misappropriation and unauthorised disposition by the asset manager

Part III. Conclusion: 

13. Emerging principles of Asian trust law.

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