9781139149945 (ebook) 9781107023123 (hardback)
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.
Title from publisher's bibliographic system (viewed on 05 Oct 2015).
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.