Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Wednesday, October 2, 2013

Article on the Comparative Law of Trusts


Lionel Smith (McGill University - Faculty of Law - Paul-André Crépeau Centre for Private and Comparative Law) recently published an article entitled, The Worlds of the Trust, Wills, Trusts, & Estates Law eJournal, Vol. 9, No. 26 (Sept. 26, 2013).  Provided below is the abstract from SSRN:

Despite the common belief that they are found only in the common law tradition, trusts have long been known in certain mixed jurisdictions that have a civilian law of property. Trusts have now been introduced by legislation in a number of civilian jurisdictions, such as France and China. Other recent developments include the reception of foreign trusts through private international law in Italy and Switzerland and the inclusion of a chapter on trusts in Europe's Draft Common Frame of Reference. As a result, there is a growing interest in the ways in which the trust can be accommodated in civil law systems. This collection of 22 essays explores this question, as well as general issues such as the juridical nature of the trust, the role and qualifications of the trustee and particular developments in specific jurisdictions.

The collection grows out out of an international conference held in 2010 by the Paul-André Crépeau Centre for Private and Comparative Law. It is the latest fruit of a substantial research project on the comparative law of trusts, which also includes L. Smith (ed.), Re-imagining the Trust: Trusts in Civil Law (Cambridge University Press, 2012), and a forthcoming special issue of the McGill Law Journal (volume 58, no. 4, 2013).


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