Repository logo
 

Trusts in common law and civil law

Loading...
Thumbnail Image

Date

2016

Journal Title

Journal ISSN

Volume Title

Publisher

Te Herenga Waka—Victoria University of Wellington

Abstract

This paper deals with common law trusts and their adoption in civil law jurisdictions. It analyses whether common law trusts in fact have a Roman origin and why the trust concept, understood as a matter of property law, conflicts with major civilian property law principles. However, from a civil lawyer’s perspective, trusts can be explained as a special estate in the trustee’s patrimony.

Description

Keywords

Trusts, Common law, Civil law, Roman fideicommissum, Civilian property law principles, Concept of special patrimony

Citation