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
AbstractWhat 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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