Bridging the common law-civil law divide? The 1985 Trusts Convention

Publication Type

Book Chapter

Version

acceptedVersion

Publication Date

12-2020

Abstract

The Convention on the Law Applicable to Trusts and on their Recognition (hereafter the ‘Hague TrustsConvention’) was concluded on 1 July 1985. It has two main objectives: first, to determine the lawapplicable to trusts, and secondly, to govern the recognition of trusts.Space does not allow for a full examination of the Convention’s provisions. Instead the aims of thischapter are to provide an overview of the Convention and to consider some of its more significanteffects and problematic issues. The underlying issue is whether the Convention can be adjudged asuccess in bridging the divide between trust and non-trust States.

Discipline

Estates and Trusts

Research Areas

Private Law

Publication

Elgar Companion on the Hague Conference on Private International Law

Editor

T. John, R. Gulati and B. Koehler

First Page

323

Last Page

335

ISBN

9781788976497

Identifier

10.4337/9781788976503.00039

Publisher

Edward Elgar

City or Country

Cheltenham

Embargo Period

6-15-2021

Copyright Owner and License

Authors

Additional URL

https://doi.org/10.4337/9781788976503.00039

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