| International and comparative
trust law |
|
Students are not
required to have studied the 'Law of trusts' at undergraduate
level. However, it is advisable to have done so, for this
course assumes that students are familiar with, and have an
understanding of, the 'Law of trusts' and the standard works
on the subject up to LLB level or its equivalent. Knowledge
of the relevant principles of the 'Conflict of laws' is useful,
though not essential. |
| Section A: The nature of
the English trust |
| ·
Survey of the English law of trusts |
| ·
Shams |
| ·
The trust as property-holding vehicle and as
obligation |
| ·
The core content of a trust |
| ·
The Beneficiary Principle: trusts for
non-charitable purposes |
| Section B: Offshore
purpose trusts |
| ·
Introduction to offshore non-charitable purpose
trusts |
| ·
Belize |
| ·
Bermuda |
| ·
The British Virgin Islands |
| ·
The Cook Islands |
| ·
Cyprus |
| ·
Isle of Man |
| ·
Jersey |
| ·
Labuan |
| ·
The STAR trust of the Cayman Islands |
| Section C: Asset
protection trusts |
| ·
Introduction to offshore asset protection trusts |
| ·
The pre-Insolvency Act 1986 and current position
under English law |
| ·
The Bahamas |
| ·
The British Virgin Islands (including the new VISTA
trust) |
| ·
The Cayman Islands |
| ·
The Cook Islands |
| ·
Cyprus |
| ·
Gibraltar |
| ·
The Isle of Man |
| ·
Jersey |
| Section D: Special
issues in international and comparative trust law |
| Part one: |
| ·
Choice of law; jurisdiction; recognition;
enforcement |
| ·
General principles of choice of law |
| ·
The Hague Trusts Convention |
| ·
The jurisdiction and remedies of the English courts
over foreign trusts |
| ·
Recognition and enforcement of foreign judgments in
England |
| Part two: |
| ·
The reception of the trust or trust-like devices in civil law
jurisdictions |
| ·
The trust and the civil law |
| ·
The trust from a worldwide perspective: The trust’s
future |
Sequence:
Section A must be attempted before section B; sections A and B
must be attempted before section D. |
Textbook:
John Glasson and Geraint Thomas (eds), The International
Trust 2nd ed (Bristol: Jordan Publishing Ltd, 2006),
ISBN: 9781846610394 |
