Hague Trusts Convention

Overview

This book provides a detailed analysis of the Hague Trusts Convention and is aimed at academics and practitioners; at private international lawyers and at trust lawyers.
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Overview

This book provides a detailed analysis of the Hague Trusts Convention and is aimed at academics and practitioners; at private international lawyers and at trust lawyers.
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Editorial Reviews

Booknews
Seeking to ameliorate the confusion created by cross-border trust law, the Hague Trusts Convention was enacted into English law by the Recognition of Trusts Act of 1987. In this volume, Harris (international commercial law, U. of Birmingham, UK) analyzes the Convention in depth. The first part addresses the creation of transnational trusts; the second part addresses the Hague Convention on the law applicable to trusts and on their recognition. Suitable for academics and practitioners, including private international lawyers and trust lawyers. Distributed in the US by ISBS. Annotation c. Book News, Inc., Portland, OR (booknews.com)
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Product Details

  • ISBN-13: 9781841131108
  • Publisher: Hart Publishing (UK)
  • Publication date: 5/4/2002
  • Pages: 578
  • Product dimensions: 6.14 (w) x 9.21 (h) x 1.25 (d)

Table of Contents

Table of Cases
Table of Legislation
Pt. 1 The Creation of Transnational Trusts: Launching the Rocket
Introduction 3
To What Extent are Matters of Capacity and Essential Validity Excluded from the Hague Trusts Convention? 5
Capacity 7
The Choice of Law Rule for Capacity Questions 10
The Capacity of the Trustee 21
The Capacity of the Beneficiary 21
The Vesting of Property in the Trustee Inter Vivos 23
Perpetuities and Accumulations 33
The Situs of Equitable Interests and Dealings with Subsisting Equitable Interests 34
Transfers of Subsisting Equitable Interests 39
Sub-trusts 41
Incompletely Constituted Trusts and Trusts of the Benefit of a Covenant 41
Testamentary Trusts: Administration of Estates 43
Testamentary Trusts: the Law Applicable to Succession 46
Capacity to Create a Testamentary Trust 52
Essential Validity and Testamentary Trusts 52
Forced Heirship 54
The Potential Impact of the Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons of 1 August 1989 56
Testamentary Powers of Appointment 59
Matrimonial Property Regimes 61
The Creation of Transnational Trusts in Offshore Jurisdictions 65
Pt. 2 The Hague Convention on the Law Applicable to Trusts and on their Recognition
Evolution and Application 81
The Convention's Provisions 99
Functions of the Convention 100
Characteristics of the Trust 103
Types of Trust Governed by the Conventiion 123
Exclusion of Preliminary Matters; the Rocket-Launcher and the Rocket 151
Non-trust Jurisdictions 158
Express or Implied Choice of Law 166
The Applicable Law in the Absence of Choice 215
Scope of the Applicable Law 233
Splitting the Applicable Law; the Administration of Trusts 281
Changing the Applicable Law 297
The Recognition of Trusts 311
Registration of the Trust 337
Right to Refuse Recognition to Trusts Objectively Connected to Non-trust States 341
Freedom to Adopt more Liberal Recognition Rules 354
Preservation of Mandatory Rules in Related Areas of Law 355
International Mandatory Rules of the Forum 380
Exclusion of Renvoi 387
Public Policy 390
Exclusion of Fiscal Matters 397
Right to Extend Convention to other Types of Trust 402
Right to Restrict Recognition to Trusts Governed by the Law of a Contracting State 404
Time-frame of the Convention 406
States Consisting of Several Territorial Units 409
Application of Convention between Territorial Units of a State 410
Relationship to other International Conventions 412
Reservations to the Convention's Scope 414
Accession of Member States 415
Accession of Non-member States 416
Application of the Convention to Selected Territorial Units of a State 417
Entry into Force 418
Denouncing the Convention 419
Notification Process 420
Conclusion 431
Table of Current Ratification Status of the Convention 432
App. 1 The Convention on the Law Applicable to Trusts and on Their Recognition 435
App. 2 The Recognition of Trusts Act 1987 443
App. 3 The Explanatory Report to the Convention by Professor A von Overbeck 449
Bibliography 497
Index 511
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