The Hague Trusts Convention
Hart Publishing (Verlag)
978-1-84113-110-8 (ISBN)
Trusts cross borders. When they do,real difficulties may arise. Will the understanding of what a trust is be different in a foreign state? Will the rights, powers and duties of the trustee and settlor be the same? What rights will the beneficiary be able to assert? To what extent will the trust assets be safe from the claims of creditors, forced heirs, or third parties? Which legal system will be applied to the trust? Within what limits? What if the trust needs to be recognised in a state which does not have the institution of the trust in its domestic law? The Hague Trusts Convention, enacted into English law by the Recognition of Trusts Act 1987, seeks to ameliorate the situation by providing harmonised choice of law rules for "trusts created voluntarily and evidenced in writing." It also provides for the recognition of trusts in Contracting States. Those Contracting States should recognise the trust, even if they do not have the institution in their domestic law. This book is the first published in England to devote itself to a detailed analysis of the Convention. It is aimed at academics and practitioners; at private international lawyers and at trust lawyers.
Frequent reference is made to the position in civil law states (especially in the Contracting States of Italy and the Netherlands) and in other trust states, both offshore and onshore. The Hague Trusts Convention deals with the operation of the trust itself. It does not deal with the preliminary steps needed to create a trust. These preliminary matters raise highly complex and uncharted choice of law issues. Detailed discussion of these matters is also provided, and appropriate solutions suggested.
Jonathan Harris is Professor of International Commercial Law at the University of Birmingham.
Part 1 The creation of transnational trusts - launching the rocker: introduction; to what extent are matters of capacity and essential validity excluded from the Hague Trusts Convention?; capacity; the choice of law rule for capacity questions; the capacity of the trustee; the capacity of the beneficiary; the vesting of property in the trustee inter vivos; perpetuities and accumulations; the situs of equitable interests and dealings with subsisting equitable interests; transfers of subsisting equitable interests; sub-trusts; incompletely constituted trusts and trusts of the benefit of a covenant; testamentary trusts - administration of estates; testamentary trusts - the law applicable to succession; capacity to create a testamentary trust; essential validity and testamentary trusts; forced heirship; the potential impact of the Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons of 1 August 1989; testamentary powers of appointment; matrimonial property regimes; the creation of transnational trusts in offshore jurisdictions; conclusion. Part 2 The Hague Convention on the law applicable to trusts and on their recognition: evolution and application; the Convention's provisions - Article 1 functions of the Convention, Article 2 characteristics of the trust, Article 3 types of trust governed by the Convention, Article 4 exclusion of preliminary matters, the rocket-launcher and the rocket, Article 5 non-trust jurisdictions, Article 6 express of implied choice of law, Article 7 the applicable law in the absence of choice, Article 8 scope of the applicable law, Article 9 splitting the applicable law - the administration of trusts, Article 1- changing the applicable law, Article 11 the recognition of trusts, Article 12 registration of the trust, Article 13 right to refuse recognition to trusts objectively connected to non-trust states, Article 14 freedom to adopt more liberal recognition rules, Article 15 preservation of mandatory rules in related areas of law, Article 16 international mandatory rules of the forum, Article 17 exclusion of renvoi, Article 18 public policy, Article 19 exclusion of fiscal matters, Article 20 right to extend convention to other types of trust, Article 21 right to restrict recognition to trusts governed by the law of a contracting state, Article 22 time-frame of the Convention, Article 23 states consisting of several territorial units, Article 24 application of convention between territorial units of state, Article 25 relationship to other international conventions, Article 26 reservations to the Convention's scope, Article 27 accession of member states, Article 28 accession of non-member states, Article 29 application of the Convention to selected territorial units of a state, Article 30 entry into force, Article 31 denouncing the Convention, Article 32 notification process. Conclusion. Appendices. (Part Contents).
| Erscheint lt. Verlag | 4.5.2002 |
|---|---|
| Verlagsort | Oxford |
| Sprache | englisch |
| Maße | 156 x 234 mm |
| Gewicht | 990 g |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Privatrecht / Bürgerliches Recht ► Internationales Privatrecht | |
| Wirtschaft ► Betriebswirtschaft / Management ► Finanzierung | |
| ISBN-10 | 1-84113-110-5 / 1841131105 |
| ISBN-13 | 978-1-84113-110-8 / 9781841131108 |
| Zustand | Neuware |
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