The Hague Trusts Convention : scope, application, and preliminary issues /
Jonathan Harris.
- xlvii, 529 pages ; 24 cm
Includes bibliographical references (pages 497-509) and index.
Table of Cases -- Table of Legislation -- The Creation of Transnational Trusts: Launching the Rocket -- Introduction -- To What Extent are Matters of Capacity and Essential Validity Excluded from the Hague Trusts Convention? -- Capacity -- The Choice of Law Rule for Capacity Questions -- The Capacity of the Trustee -- The Capacity of the Beneficiary -- The Vesting of Property in the Trustee Inter Vivos -- Perpetuities and Accumulations -- The Situs of Equitable Interests and Dealings with Subsisting Equitable Interests -- Transfers of Subsisting Equitable Interests -- Sub-trusts -- Incompletely Constituted Trusts and Trusts of the Benefit of a Covenant -- Testamentary Trusts: Administration of Estates -- Testamentary Trusts: the Law Applicable to Succession -- Capacity to Create a Testamentary Trust -- Essential Validity and Testamentary Trusts -- Forced Heirship -- The Potential Impact of the Hague Convention on the Law Applicable to Succession to the Estates of Deceased Persons of 1 August 1989 -- Testamentary Powers of Appointment -- Matrimonial Property Regimes -- The Creation of Transnational Trusts in Offshore Jurisdictions -- The Hague Convention on the Law Applicable to Trusts and on their Recognition -- Evolution and Application -- The Convention's Provisions -- Functions of the Convention -- Characteristics of the Trust -- Types of Trust Governed by the Conventiion -- Exclusion of Preliminary Matters; the Rocket-Launcher and the Rocket -- Non-trust Jurisdictions -- Express or Implied Choice of Law -- The Applicable Law in the Absence of Choice -- Scope of the Applicable Law -- Splitting the Applicable Law; the Administration of Trusts -- Changing the Applicable Law -- The Recognition of Trusts -- Registration of the Trust -- Right to Refuse Recognition to Trusts Objectively Connected to Non-trust States -- Freedom to Adopt more Liberal Recognition Rules -- Preservation of Mandatory Rules in Related Areas of Law -- International Mandatory Rules of the Forum -- Exclusion of Renvoi -- Public Policy -- Exclusion of Fiscal Matters -- Right to Extend Convention to other Types of Trust -- Right to Restrict Recognition to Trusts Governed by the Law of a Contracting State -- Time-frame of the Convention -- States Consisting of Several Territorial Units -- Application of Convention between Territorial Units of a State -- Relationship to other International Conventions -- Reservations to the Convention's Scope -- Accession of Member States -- Accession of Non-member States -- Application of the Convention to Selected Territorial Units of a State -- Entry into Force -- Denouncing the Convention -- Notification Process -- Conclusion -- Table of Current Ratification Status of the Convention -- The Convention on the Law Applicable to Trusts and on Their Recognition -- The Recognition of Trusts Act 1987 -- The Explanatory Report to the Convention by Professor A von Overbeck -- Bibliography -- Index. Pt. 1. Pt. 2. App. 1. App. 2. App. 3.
1841131105 9781841131108
2003265714
Conflict of laws--Trusts and trustees Trusts and trustees