Trust law in Asian civil law jurisdictions : a comparative analysis / edited by Lusina Ho and Rebecca Lee.
2013
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Title
Trust law in Asian civil law jurisdictions : a comparative analysis / edited by Lusina Ho and Rebecca Lee.
Added Author
Imprint
Cambridge : Cambridge University Press, 2013.
Description
1 online resource (xxx, 290 pages) : digital, PDF file(s)
Formatted Contents Note
Part I. Overview
Introduction / Lusina Ho and Rebecca Lee
Reception of the trust in Asia : an historical perspective / Lusina Ho and Rebecca Lee
Trust law in Japan : inspiring changes in Asia, 1922 and 2006 / Makoto Arai
Trust law in South Korea : developments and challenges / Wu Ying-Chieh
Trust law in Taiwan : history, current features and future prospects / Wang Wen-Yeu, Wang Chih-Cheng and Shieh Jer-Shenq
Trust law in China : a critical evaluation of its conceptual foundation / Lusina Ho, Rebecca Lee and Jin Jinping
Part II. Case studies : hypothetical scenarios
Case 1 : creating, managing and terminating the management relationship
Case 2 : protecting ring-fenced assets against incompetence of the asset manager
Case 3 : protecting ring-fenced assets against disloyalty of the asset manager
Case 4 : distribution of property in the insolvency of the owner
Case 5 : protecting ring-fenced assets from the insolvency of the asset manager
Case 6 : misappropriation and unauthorised disposition by the asset manager
Part III. Conclusion
Emerging principles of Asian trust law / Lusina Ho and Rebecca Lee.
Introduction / Lusina Ho and Rebecca Lee
Reception of the trust in Asia : an historical perspective / Lusina Ho and Rebecca Lee
Trust law in Japan : inspiring changes in Asia, 1922 and 2006 / Makoto Arai
Trust law in South Korea : developments and challenges / Wu Ying-Chieh
Trust law in Taiwan : history, current features and future prospects / Wang Wen-Yeu, Wang Chih-Cheng and Shieh Jer-Shenq
Trust law in China : a critical evaluation of its conceptual foundation / Lusina Ho, Rebecca Lee and Jin Jinping
Part II. Case studies : hypothetical scenarios
Case 1 : creating, managing and terminating the management relationship
Case 2 : protecting ring-fenced assets against incompetence of the asset manager
Case 3 : protecting ring-fenced assets against disloyalty of the asset manager
Case 4 : distribution of property in the insolvency of the owner
Case 5 : protecting ring-fenced assets from the insolvency of the asset manager
Case 6 : misappropriation and unauthorised disposition by the asset manager
Part III. Conclusion
Emerging principles of Asian trust law / Lusina Ho and Rebecca Lee.
Summary
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.
Note
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
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Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781139149945 (ebook)
9781107023123 (hardback)
9781107023123 (hardback)
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