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At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.
1. Introduction Ying Khai Liew, University of Melbourne, Australia and Matthew Harding, University of Melbourne, Australia PART I 2. Mere and Other Discretionary Objects in Australia Jessica Hudson, University of New South Wales, Australia 3. A Lament for Trust Principles in New Zealand Jessica Palmer, University of Otago, New Zealand 4. Trusts in Hong Kong: Historical Application and Current Practice Lusina Ho, University of Hong Kong, China and Rebecca Lee, University of Hong Kong, China 5. Constructive Trusts and Limitation Periods in Malaysia Ying Khai Liew, University of Melbourne, Australia 6. Victoria Meets Confucius in Singapore: Implied Trusts of Residential Property Kelvin FK Low, National University of Singapore PART II 7. The Transplantation of Trusts Law in India Stelios Tofaris, University of Cambridge, UK 8. Constructive Trusts under Muslim Family Law in Pakistan: Protecting Women's Rights to Matrimonial Property Muhammad Zubair Abbasi, Lahore University of Management Sciences, Pakistan 9. The Law of Trusts in Bangladesh: Theory and Practice Omar H Khan, Legal Counsel, Bangladesh 10. Implied Trusts in Sri Lanka as a Creature of Legislation: The Way Forward Anton Cooray, City University of London, UK 11. Philippine Trusts: Legal and Practical Considerations Hector M de Leon Jr, University of the Philippines PART III 12. The Transformation of Japanese Trusts Law and Practice: Historical Contexts and Future Challenges Masayuki Tamaruya, University of Tokyo, Japan 13. Debtor Rehabilitation and the Asset-Partitioning Effect of Security Trusts: The Korean Supreme Court's Position Revisited Ying-Chieh Wu, Seoul National University, South Korea 14. Taiwan's Trusts Law and Name-Borrowing Arrangements Wen-Yeu (Wallace) Wang, National Taiwan University and Yueh-Ping (Alex) Yang, National Taiwan University 15. The Legal Nature of the Chinese Charitable Trust Hui Jing, City University of Hong Kong, China PART IV 16. The Surviving Legacy of English Trusts Law and Trusts in Thailand Surutchada Reekie, Chulalongkorn University, Thailand and Adam Reekie, Thammasat University, Thailand 17. Arrangements Resembling Trusts under Indonesian Land Law Eddy M Leks, Leks & Co, Indonesia 18. Property Management Relationships and 'Trusts' in Vietnam Nguyen Hung Quang, NH Quang & Associates, Vietnam and Nguyen Thuy Duong, NH Quang & Associates, Vietnam PART V 19. Offshore Trusts in the South Pacific: How Far can the Concept of the Trust be Stretched before it Breaks? Katy Barnett, University of Melbourne, Australia 20. Identifying an Asia-Pacific Private International Law of Trusts Richard Garnett, University of Melbourne, Australia
Author(s) | Edited by Ying Khai Liew (University of Melbourne, Australia), Matthew Harding (University of Melbourne, Australia). |
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Publisher | Bloomsbury Publishing PLC |
ISBN | 9781509950577 |
Format | Paperback / softback |
Pages | 424 |
Published in | United Kingdom |
Published | 23 Mar 2023 |
Availability | POD |
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