Trust Law in Asian Civil Law Jurisdictions

Auteur

Lusina Ho is Harold Hsiao-Wo Lee Professor in Trust and Equity at the Faculty of Law of the University of Hong Kong. Rebecca Lee is Associate Professor at the Faculty of Law of the University of Hong Kong, where she teaches and researches in equity and trusts.

Texte du rabat

This book analyses and compares Asian trust laws to critically evaluate Asian approaches to the reception of the trust.

Résumé
This book examines the reception of the trust and the latest legal reforms in civilian jurisdictions in Japan, South Korea, China and Taiwan. It evaluates these Asian approaches after comparing their legal responses to a common set of hypothetical scenarios adopted in the Trento trust project in Europe.

Contenu

Part I. Overview: 1. Introduction; 2. Reception of the trust in Asia: a historical perspective; 3. Trust law in Japan: inspiring changes in Asia, 1922 and 2006; 4. Trust law in South Korea: developments and challenges; 5. Trust law in Taiwan: history, current features and future prospect; 6. Trust law in China: a critical evaluation of its conceptual foundation; Part II. Case Studies: 7. Case 1: creating, managing and terminating the management relationship; 8. Case 2: protecting ring-fenced assets against incompetence of the asset manager; 9. Case 3: protecting ring-fenced assets against disloyalty of the asset manager; 10. Case 4: distribution of property in the insolvency of the owner; 11. Case 5: protecting ring-fenced assets from the insolvency of the asset manager; 12. Case 6: misappropriation and unauthorised disposition by the asset manager; Part III. Conclusion: 13. Emerging principles of Asian trust law.