An Ideal Trust Regime. A Comparative Analysis: English, French, and Mexican Law

Resultado de la investigación

Resumen

By comparing English, French and Mexican trust law the advantages and disadvantages of each jurisdiction will become evident. Firstly, the personal elements of the trust will be studied: Settlor, trustee, beneficiary and trust protector. Their essentiality to the trust and the possibility of multiplicity of roles will be analyzed. Afterwards, the real elements of the trust will be studied; the trust res will be analyzed as an isolated item (ut singuli), but also as a universality (ut universi). From this comparative analysis we will then synthesize the ideal trust law regime. In other words we will use the comparative, analytic and synthetic methods to construct an ideal trust law. This may serve as guidelines for future civil law jurisdictions that wish to import the English trust and for jurisdictions that already have a trust mechanism but are in need of improving their law.
Idioma originalEnglish
PublicaciónOxford Journal of Legal Studies
EstadoSubmitted - 2019

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civil law
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title = "An Ideal Trust Regime. A Comparative Analysis: English, French, and Mexican Law",
abstract = "By comparing English, French and Mexican trust law the advantages and disadvantages of each jurisdiction will become evident. Firstly, the personal elements of the trust will be studied: Settlor, trustee, beneficiary and trust protector. Their essentiality to the trust and the possibility of multiplicity of roles will be analyzed. Afterwards, the real elements of the trust will be studied; the trust res will be analyzed as an isolated item (ut singuli), but also as a universality (ut universi). From this comparative analysis we will then synthesize the ideal trust law regime. In other words we will use the comparative, analytic and synthetic methods to construct an ideal trust law. This may serve as guidelines for future civil law jurisdictions that wish to import the English trust and for jurisdictions that already have a trust mechanism but are in need of improving their law.",
author = "{Ibarra Garza}, Rafael",
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journal = "Oxford Journal of Legal Studies",
issn = "0143-6503",
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N2 - By comparing English, French and Mexican trust law the advantages and disadvantages of each jurisdiction will become evident. Firstly, the personal elements of the trust will be studied: Settlor, trustee, beneficiary and trust protector. Their essentiality to the trust and the possibility of multiplicity of roles will be analyzed. Afterwards, the real elements of the trust will be studied; the trust res will be analyzed as an isolated item (ut singuli), but also as a universality (ut universi). From this comparative analysis we will then synthesize the ideal trust law regime. In other words we will use the comparative, analytic and synthetic methods to construct an ideal trust law. This may serve as guidelines for future civil law jurisdictions that wish to import the English trust and for jurisdictions that already have a trust mechanism but are in need of improving their law.

AB - By comparing English, French and Mexican trust law the advantages and disadvantages of each jurisdiction will become evident. Firstly, the personal elements of the trust will be studied: Settlor, trustee, beneficiary and trust protector. Their essentiality to the trust and the possibility of multiplicity of roles will be analyzed. Afterwards, the real elements of the trust will be studied; the trust res will be analyzed as an isolated item (ut singuli), but also as a universality (ut universi). From this comparative analysis we will then synthesize the ideal trust law regime. In other words we will use the comparative, analytic and synthetic methods to construct an ideal trust law. This may serve as guidelines for future civil law jurisdictions that wish to import the English trust and for jurisdictions that already have a trust mechanism but are in need of improving their law.

M3 - Article

JO - Oxford Journal of Legal Studies

JF - Oxford Journal of Legal Studies

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