Trusts in common law and civil law
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Date
2016
Authors
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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.
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Keywords
Trusts, Common law, Civil law, Roman fideicommissum, Civilian property law principles, Concept of special patrimony