The Trust as Patrimony: An Introduction
The Trust as Patrimony: An Introduction
This chapter introduces the reader to some of the complex issues surrounding the relation between trust and patrimony from the perspective of comparative private law. It considers fundamental questions that underscore the dilemmas of comparative law; for example, why we need to search for, and pin down, a common denominator for the broad spectrum of trusts and trust-like institutions, or whether supra-national and system-neutral legal institutions can exist? In particular, the views of French jurist Raymond Saleilles are discussed. The chapter also considers the problem of defining trust from a comparative private law angle and especially the debate over whether trust belongs to property, obligations, persons or somewhere else. Finally, it examines the nature of the rights of trust beneficiaries and the private law concept of patrimony in the civilian tradition.
Keywords: trust, patrimony, private law, comparative law, Raymond Saleilles, property, obligations, persons, trust beneficiaries
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