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Article
Trusts in Mixed Legal Systems:A Challenge to Comparative Trust Law
European Review of Private Law (2000)
  • Jan M Smits
  • J. Michael MIlo
Abstract
This is the introduction to a special issue of ERPL 2000. The issue deals with trusts in mixed jurisdictions. It considers to what extent mixed systems such as Scotland, South-Africa and Quebec can offer an attractive model for an international variant of trust. Two recent developments have increased the need to reconcile the Anglo-American trust with principles of civil law. The first is the overall tendency of unifying or harmonising areas of private law, and especially commercial law, and therefore also trust laws, not only in Europe but also elsewhere. The second is The Hague Convention on the Law Applicable to Trusts and on their Recognition, that has entered into force for Italy and The Netherlands, which makes questions regarding the effect of trusts recognised in a civil jurisdiction imminent.
Keywords
  • Trusts,
  • Mixed jurisdictions
Publication Date
2000
Citation Information
Jan M Smits and J. Michael MIlo. "Trusts in Mixed Legal Systems:A Challenge to Comparative Trust Law" European Review of Private Law Vol. 2000 (2000)
Available at: http://works.bepress.com/jan_smits/24/