Part VI The Law of Property, Ch.34 Trusts
J J Fawcett LLB, PhD, Solicitor, J M Carruthers LLB (Hons), Dip LP, PhD, SolicitorEdited By: Sir Peter North CBE, QC, MA, DCL, FBA
James J Fawcett, Janeen M CarruthersEdited By: Sir Peter North (Consultant Editor)
- 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...