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Ownership of Trust Property in Scotland and Louisiana

James Chalmers

in Mixed Jurisdictions Compared: Private Law in Louisiana and Scotland

Published in print:
2009
Published Online:
March 2012
ISBN:
9780748638864
eISBN:
9780748651443
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748638864.003.0015
Subject:
Law, Comparative Law

This chapter addresses a narrow but important point relating to the nature and constitution of trusts, and one which appears to have been satisfactorily resolved in Scots law but unsatisfactorily ... More


Trust and Patrimony

Lionel D Smith

in Trusts and Patrimonies

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.003.0003
Subject:
Law, Comparative Law

This chapter examines whether the common law trust can be understood as a patrimony in the civilian sense. It begins with a discussion of Pierre Lepaulle's claim that the common law trust is a ... More


Square Peg, Round Hole? Patrimony and the Common Law Trust

Paul Matthews

in Trusts and Patrimonies

Published in print:
2015
Published Online:
September 2017
ISBN:
9780748697748
eISBN:
9781474412308
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748697748.003.0004
Subject:
Law, Comparative Law

This chapter examines the relation between the doctrine of patrimony and the common law trust. Patrimony derives from the notion of personality. The doctrine reached its full flowering with the ... More


Equity Is Not a Single Thing

Lionel Smith

in Philosophical Foundations of the Law of Equity

Published in print:
2020
Published Online:
June 2020
ISBN:
9780198817659
eISBN:
9780191859151
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198817659.003.0008
Subject:
Law, Philosophy of Law

In this chapter, I ask whether it is possible to identify the philosophical foundations of Equity as it was defined by Frederic Maitland: the body of rules and principles that were developed over the ... More


The Insolvent Estate

Hamish Anderson

in The Framework of Corporate Insolvency Law

Published in print:
2017
Published Online:
March 2021
ISBN:
9780198805311
eISBN:
9780191927942
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780198805311.003.0014
Subject:
Law, Company and Commercial Law

The insolvent estate is comprised of the property which is the subject matter of an insolvency proceeding. It is important that there is clarity in this respect. If the proceeding is distributive, ... More


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