The Hague Trusts Convention : scope, application and preliminary issues / Jonathan Harris.
2002
JX6570.T7 H242 2002 (Map It)
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Details
Author
Title
The Hague Trusts Convention : scope, application and preliminary issues / Jonathan Harris.
Published
Oxford [England] ; Portland, Or. : Hart Pub., 2002.
Call Number
JX6570.T7 H242 2002
ISBN
1841131105
Description
xlvii, 529 pages ; 24 cm
System Control No.
(OCoLC)49205557
Bibliography, etc. Note
Includes bibliographical references (pages [497]-509) and index.
Record Appears in
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