The Foundation of English Trust Law: Analysis and Hints (2022)
By Yoshihisa Nomi, Prof. Emiritus, Tokyo University(eds.) , representing the study group.
In recent years active theoretical discussions can been seen in the English trust law. Behind this is the change of the English society and economy. The trust law is struggling to adapt itself to the new situation. From this viewpoint we selected several topics which reflect the social dynamism and the corresponding legal developments of the law of trusts.
The selected topics were ; (1) Certainty of the trust property, (2) Basic effects of trusts, in particular, tracing and following, (3) Liability of the trustees, especially the equitable compensation for breach of trust, (4) Disgorgement of profits, (5) Remedies for knowing receipt, (6) Legal effects of beneficial interest, its historical development and the influence of the analytical jurisprudence, (7) Various types of trusts, such as resulting trust, discretionary trust, and settlements, (8) The off-shore trust and the new development in the trust law. Though we handled all these topics in our project, unfortunately not all of them are published in this volume.
Contents
- The nature of the beneficial interest and the legal effects: Historical Development
Xuelian JIANG and Yoshihisa NOMI - Remedies for breach of trust, equitable compensation and other remedies
Yoshihisa NOMI - Disgorgement of Profits
Taro NAKAHARA - Liabiities of the third parties related to the breach of trust; Knowing receipt and dishonest assistance
Taro NAKAHARA - Settlements
Masayuki TAMARUYA - Unit trust in Cayman and England
Kazuaki TANAKA