Trusts are an important institution to be studied in law for various reasons. Both jurisprudentially as well as from a perspective of taxation, trusts affect the making of rules. From a practical perspective, trusts are also an essential attribute for people to make things work and charitable...

The first part of this Article suggests a framework for understanding Article I, Section 27 of the Pennsylvania constitution. This second and final part of the Article outlines ways in which that framework should be applied.The Article argues that the environmental rights and public trust...

This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...

What does the law presume when it is proven simply that one person has made a payment of money to another? Surprisingly, there are three candidate answers to this question. First, a number of nineteenth-century authorities hold that ‘when money is paid by one man to another the legal...

Directed trusts have become a familiar feature of trust practice in spite of considerable legal uncertainty about them. Fortunately, the Uniform Law Commission has just finished work on the Uniform Directed Trust Act (UDTA), a new uniform law that offers clear solutions to the many legal...

This Article identifies the key role that trust law can play in resolving collective action problems pertaining to assets with multiple stakeholders. Devising a multi-beneficiary trust may serve as an effective institutional alternative, when the direct governance of an asset by its co-owners...

The law of commercial trusts has been taught in universities in London and Cambridge, Sydney and Melbourne, Hong Kong and Singapore, but it is absent from the law schools of the United States. This is a puzzle. Commercial trusts have been prominent in U.S. legal and economic history and today...

This article closes a gap in the theory of trust law by supplying a normative account of the use of trusts to avoid and subvert other legal norms. While the use of trusts to subvert other law has been a major function thereof since the middle ages, a fact acknowledged by jurists, doctrinal and...

This article considers the interface between personal rights and proprietary rights. It critically examines a number of cases and academic writings that consider whether a mistaken payment should result in a personal right of recovery only (ie ability to sue the recipient) or justify the court...

This paper considers the successful application for judicial review in Great Christchurch Buildings Trust v Church Property Trustees and the worrying effects of this decision upon New Zealand law. The paper concludes that, in holding that sufficient public interest will justify circumvention of...