Trusts and their equivalents in civil law systems: Why did the French introduce the fiducie into the civil code in 2007? What might its effects be? The WA Lee Lecture 2012

  • The Honourable Justice James S Douglas Judge, Supreme Court of Queensland

Abstract

What I wish to address here is the distinctiveness of the trust in English law, how the civil law systems deal with similar problems, the limitations of the civilian equivalents, the subsequent adoption of the trust or concepts akin to it in other civil law and mixed systems, particularly since the 1985 Hague Convention on the law applicable to trusts and on their recognition, and the reasons for the introduction of the fiducie into the French Code Civil in 2007. Is it an example of the internationalisation of legal norms in reaction to globalisation? Or is it an attempted legal transplant introduced into otherwise unprepared soil?

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Published
Sep 24, 2013
How to Cite
DOUGLAS, The Honourable Justice James S. Trusts and their equivalents in civil law systems: Why did the French introduce the fiducie into the civil code in 2007? What might its effects be? The WA Lee Lecture 2012. QUT Law Review, [S.l.], v. 13, n. 1, sep. 2013. ISSN 2201-7275. Available at: <https://lr.law.qut.edu.au/article/view/531>. Date accessed: 21 apr. 2019. doi: https://doi.org/10.5204/qutlr.v13i1.531.

Keywords

fiducie, trust law
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