Hague Trusts Convention


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.
Read More Show Less
... See more details below
BN.com price
(Save 3%)$216.00 List Price
Other sellers (Hardcover)
  • All (6) from $204.85   
  • New (4) from $207.08   
  • Used (2) from $204.85   
Sending request ...


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.
Read More Show Less

Editorial Reviews

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)
Read More Show Less

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
Read More Show Less

Customer Reviews

Be the first to write a review
( 0 )
Rating Distribution

5 Star


4 Star


3 Star


2 Star


1 Star


Your Rating:

Your Name: Create a Pen Name or

Barnes & Noble.com Review Rules

Our reader reviews allow you to share your comments on titles you liked, or didn't, with others. By submitting an online review, you are representing to Barnes & Noble.com that all information contained in your review is original and accurate in all respects, and that the submission of such content by you and the posting of such content by Barnes & Noble.com does not and will not violate the rights of any third party. Please follow the rules below to help ensure that your review can be posted.

Reviews by Our Customers Under the Age of 13

We highly value and respect everyone's opinion concerning the titles we offer. However, we cannot allow persons under the age of 13 to have accounts at BN.com or to post customer reviews. Please see our Terms of Use for more details.

What to exclude from your review:

Please do not write about reviews, commentary, or information posted on the product page. If you see any errors in the information on the product page, please send us an email.

Reviews should not contain any of the following:

  • - HTML tags, profanity, obscenities, vulgarities, or comments that defame anyone
  • - Time-sensitive information such as tour dates, signings, lectures, etc.
  • - Single-word reviews. Other people will read your review to discover why you liked or didn't like the title. Be descriptive.
  • - Comments focusing on the author or that may ruin the ending for others
  • - Phone numbers, addresses, URLs
  • - Pricing and availability information or alternative ordering information
  • - Advertisements or commercial solicitation


  • - By submitting a review, you grant to Barnes & Noble.com and its sublicensees the royalty-free, perpetual, irrevocable right and license to use the review in accordance with the Barnes & Noble.com Terms of Use.
  • - Barnes & Noble.com reserves the right not to post any review -- particularly those that do not follow the terms and conditions of these Rules. Barnes & Noble.com also reserves the right to remove any review at any time without notice.
  • - See Terms of Use for other conditions and disclaimers.
Search for Products You'd Like to Recommend

Recommend other products that relate to your review. Just search for them below and share!

Create a Pen Name

Your Pen Name is your unique identity on BN.com. It will appear on the reviews you write and other website activities. Your Pen Name cannot be edited, changed or deleted once submitted.

Your Pen Name can be any combination of alphanumeric characters (plus - and _), and must be at least two characters long.

Continue Anonymously

    If you find inappropriate content, please report it to Barnes & Noble
    Why is this product inappropriate?
    Comments (optional)