
In the universe of the trust, there are several different worlds. There’s the civil law world and the common law world. There are also legal systems with mixtures of common and civil law ideas. Neither the common nor the civil law world is entirely clear-cut, though, and subdivisions abound. After examining some very different approaches, I’ve concluded that increased statutory expression would lead to an improved understanding of trust law across all systems and traditions.
Civil vs. Common Law
The trust is generally acknowledged as the creative product of the English common law tradition. Some Scots disagree. Indeed, “the close association of the trust with English law is misleading [and there] would be nothing particularly surprising...
Unlock All Access Premium Subscription
Get Trusts & Estates articles, digital editions, and an optional print subscription. Choose your subscription now and dive into expert insights today!
Already Subscribed?
About the Author
You May Also Like