Remus Valsan
- Published in print:
- 2015
- Published Online:
- September 2017
- ISBN:
- 9780748697748
- eISBN:
- 9781474412308
- Item type:
- chapter
- Publisher:
- Edinburgh University Press
- DOI:
- 10.3366/edinburgh/9780748697748.003.0001
- Subject:
- Law, Comparative Law
This chapter introduces the reader to some of the complex issues surrounding the relation between trust and patrimony from the perspective of comparative private law. It considers fundamental ...
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This chapter introduces the reader to some of the complex issues surrounding the relation between trust and patrimony from the perspective of comparative private law. It considers fundamental questions that underscore the dilemmas of comparative law; for example, why we need to search for, and pin down, a common denominator for the broad spectrum of trusts and trust-like institutions, or whether supra-national and system-neutral legal institutions can exist? In particular, the views of French jurist Raymond Saleilles are discussed. The chapter also considers the problem of defining trust from a comparative private law angle and especially the debate over whether trust belongs to property, obligations, persons or somewhere else. Finally, it examines the nature of the rights of trust beneficiaries and the private law concept of patrimony in the civilian tradition.Less
This chapter introduces the reader to some of the complex issues surrounding the relation between trust and patrimony from the perspective of comparative private law. It considers fundamental questions that underscore the dilemmas of comparative law; for example, why we need to search for, and pin down, a common denominator for the broad spectrum of trusts and trust-like institutions, or whether supra-national and system-neutral legal institutions can exist? In particular, the views of French jurist Raymond Saleilles are discussed. The chapter also considers the problem of defining trust from a comparative private law angle and especially the debate over whether trust belongs to property, obligations, persons or somewhere else. Finally, it examines the nature of the rights of trust beneficiaries and the private law concept of patrimony in the civilian tradition.
Michele Pifferi
- Published in print:
- 2016
- Published Online:
- August 2016
- ISBN:
- 9780198743217
- eISBN:
- 9780191803079
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198743217.003.0003
- Subject:
- Law, Criminal Law and Criminology
The chapter examines the causes of the formation of two different penological identities in Europe and the United States and their characteristics, focusing on the distinction between US pragmatism ...
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The chapter examines the causes of the formation of two different penological identities in Europe and the United States and their characteristics, focusing on the distinction between US pragmatism and European doctrinarism. It analyses the foundation of the International Union of Penal Law, the American Institute of Criminal Law and Criminology, the International Prison and Penitentiary Congresses, and other congresses and publications to show how the peno-criminological reform movement was driven by a renewed interest in legal comparison. The chapter also investigates how penal reformers and criminologists such as Liszt, Saleilles, Cuche, Pound, Ferri, and other adherents to the Italian Positivist School made a different use of legal history to uphold and legitimize their new proposals.Less
The chapter examines the causes of the formation of two different penological identities in Europe and the United States and their characteristics, focusing on the distinction between US pragmatism and European doctrinarism. It analyses the foundation of the International Union of Penal Law, the American Institute of Criminal Law and Criminology, the International Prison and Penitentiary Congresses, and other congresses and publications to show how the peno-criminological reform movement was driven by a renewed interest in legal comparison. The chapter also investigates how penal reformers and criminologists such as Liszt, Saleilles, Cuche, Pound, Ferri, and other adherents to the Italian Positivist School made a different use of legal history to uphold and legitimize their new proposals.
