Comparative Law Treatment of Trusts

Carly Howard (Associate, Akerman Senterfitt) has recently published her article entitled Trust Funds in Common Law and Civil Law Systems: A Comparative Analysis, 13 U. Miami Int’l & Comp. L. Rev. 343 (2006).

Ms. Howard explains that:

This paper focuses on theories which validate and invalidate private trusts, as opposed to public or charitable trusts, and emphasizes the world’s attempts to harmonize differences in attitudes toward trusts. Topics include: 1) definitions and formalities of trusts; 2) purposes and elements of a trust; 3) histories of the common law trust and its civil law counterparts; 4) general principles of enforcement and recognition of trusts, particularly in light of the Hague Convention on the Law Applicable to Trusts and on their Recognition 1985. Although an understanding of the global state of trusts can be found by comparing the laws of particular countries, this paper surveys the general theories behind trust mechanisms and their application.