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Trusts and Patrimonies

Edited by Remus Valsan

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Explores the private law trust using the concept of patrimony in England, Scotland, Quebec and the Netherlands

This volume explores how the private law concepts of trust and patrimony interact in various jurisdictions, with a view to advancing the understanding of the trust as a fundamental legal concept. It comprises new and previously published papers written by distinguished comparative law scholars. The authors investigate whether the common law trust could be understood as a civil law patrimony by appropriation, and whether civil law and mixed traditions could create local versions of the common law trust using patrimony as the main conceptual building block.

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Contents

Preface and Acknowledgements
List of Contributors
List of Abbreviations
Table of Cases
1. The Trust as Patrimony: An Introduction, Remus Valsan
Part I: Patrimony and the Common Law Trust
2. Lepaulle Appropriated, Alexandra Popovici and Lionel D Smith
3. Trust and Patrimony,
Lionel D Smith
4. Square Peg, Round Hole? Patrimony and the Common Law Trust, Paul Matthews
Part II: Patrimony and the Scottish Trust
5. Trusts without Equity, George L Gretton
6. Patrimony not Equity, Kenneth G C Reid
7. Scottish Trusts in the Common Law, Lionel D Smith
Part III: Trust and Patrimony in France, Quebec and the Netherlands
8. Translating Part of France’s Legal Heritage, Nicholas Kasirer
9. Trusting Patrimonies, Alexandra Popovici
10. Dual Patrimony Dutch Style, Emile Schmieman.

About the Author

Remus Valsan is Lecturer in Corporate Law at the University of Edinburgh Law School. Prior to joining the University of Edinburgh, Dr Valsan studied at law McGill University, Montreal (Doctor of Civil Law), University of Alberta, Edmonton (Master of Laws) and Nicolae Titulescu University, Bucharest (Bachelor of Civil Law). His main research interests lie in the fields of comparative corporate governance, trusts and fiduciary duties, and Law and Economics.

Reviews

The essays in this volume are essential reading for anyone interested – whether as academic, attorney, judge or legislator – in the accommodation of trusts in a civilian legal environment. But common lawyers, too, could benefit from the changes of perspective offered by this exciting new book on trusts, all written by outstanding experts.

- Rick Verhagen, Radboud University Nijmegen

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