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Part VI The Law of Property, Ch.34 Trusts

J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, Solicitor
Edited By: Sir Peter North CBE, QC, MA, DCL, FBA

From: Cheshire, North & Fawcett: Private International Law (14th Edition)

James J Fawcett, Janeen M Carruthers
Edited By: Sir Peter North (Consultant Editor)

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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 July 2024

Trusts — Mandatory provisions and public policy — Scope of applicable law — Validity and effect
The common law rules concerning the validity of trusts in the international context were described in 1951 as “simply specific rules, evolved to meet particular difficulties. They do not reflect, or form part of a fully-developed system, and it is a matter for remark that they deal with so few of the many possible situations which may possibly arise.”1 In the intervening years the case law remained thin, with patchy analysis of the issues and uncertainty as to the relevant rules in a number of areas. It is, therefore, not surprising that the Recognition of Trusts...
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