Publication Type

Journal Article

Version

publishedVersion

Publication Date

3-2015

Abstract

The purpose of this article is to scrutinize the legal structure of trusts in Japan, SouthKorea and Taiwan. The so-called infrastructure of the private law of these jurisdictions is rooted in theRoman-Germanic basis, which adopts dichotomous system in respect of that area of privatelaw dealing with property: the law of property and that of obligation. However,the adoption of the trust has caused some problems. Though controversial, thecontract-based view seems to be the majority view in the East Asian civiljurisdictions, yet the property-based view dominates the commonlaw world. However, being influenced by common law, the property-approach isalso asserted by some commentators in the aforementioned jurisdictions. It should be noted there hasbeen another approach adopted by academics in some civil and mixedjurisdictions, i.e. the doctrine of separate patrimony. The East Asiancivil jurisdictions’ approach is somehow at a crossroads. Being a legal systemwhere nomenclature matters, the issue of taxonomic classification can hardly beignored. We must find a way out from the crossroads. Itis to this task to which the present work is devoted.

Keywords

Trust, Contract, Property, Separate Patrimony, Manifestation of Intent, Ownership, Dos, Peculium

Discipline

Asian Studies | Estates and Trusts

Research Areas

Asian and Comparative Legal Systems

Publication

National Taiwan University Law Review

Volume

10

Issue

1

First Page

79

Last Page

125

ISSN

1018-3825

Identifier

10.2139/ssrn.2694581

Publisher

國立台灣大學法律學系, Guo li Taiwan da xue fa lü xue xi

Additional URL

https://doi.org/10.2139/ssrn.2694581

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