Commercial Trusts in European Private Law

Sixth book in The Common Core of European Private Law series, examining trusts law.

Michele Graziadei (Edited by), Ugo Mattei (Edited by), Lionel Smith (Edited by)

9780521115605, Cambridge University Press

Paperback, published 16 July 2009

632 pages
22.9 x 15.2 x 3.6 cm, 0.92 kg

In European legal systems, a variety of approaches to trust and relationships of trust meet the universal professionalisation of asset management services. This book explores that interface in order to seek a better understanding of the legal regulation of the entrustment of wealth. Within the methodology of the Common Core of European Private Law, the book sets out cases on the establishment and termination of management relationships, obligations of loyalty and of professionalism, and the choice of law. More specialized cases address collective investment, collective secured lending, pension funds, and securitisation. Reports on these cases from fifteen jurisdictions of the European Union tackle fundamental problems of trust law and show which legal techniques are deployed to solve them across Europe. In addition to a much-needed comparative treatment of the subject, the book discusses the scholarly setting for the issues and gives guidance on the terminology in the evolving European scene.

General editors' preface
Preface
Contributors to the volume
Contributors to the case studies
List of Abbreviations
Select bibliographies for jurisdictions represented
Part I. Setting the Scene: 1. Commercial Trusts in European Private Law: the Interest and Scope of the Enquiry
2. A short note on terminology
3. The Hague Trust Convention twenty years on
Part II. The Case Studies: Section 1. General Part: 4. Case 1: Creation and termination of the management relationship
powers of the manager
5. Case 2: Investment duties
6. Case 3: Conflict of interest
7. Case 4: Basic insolvency situation
8. Case 5: Insolvency of investment manager
9. Case 6: Tracing
10. Case 7: Choice of law
Section 2. Special Part: 11. Case 8: Pension funds
12. Case 9: Collective investment schemes
13. Case 10: Multiple debenture holders
14. Case 11: Securitisation
Part III. Conclusions: 15. Some difficulties
16. Comparative remarks on the general part
17. Comparative remarks on the special part
18. What's next?
Index.

Subject Areas: Laws of Specific jurisdictions [LN], Comparative law [LAM], Business & management [KJ]