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Trusts and Patrimonies$
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Remus Valsan

Print publication date: 2015

Print ISBN-13: 9780748697748

Published to Edinburgh Scholarship Online: September 2017

DOI: 10.3366/edinburgh/9780748697748.001.0001

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Square Peg, Round Hole? Patrimony and the Common Law Trust

Square Peg, Round Hole? Patrimony and the Common Law Trust

(p.62) 4 Square Peg, Round Hole? Patrimony and the Common Law Trust
Trusts and Patrimonies

Paul Matthews

Edinburgh University Press

This chapter examines the relation between the doctrine of patrimony and the common law trust. Patrimony derives from the notion of personality. The doctrine reached its full flowering with the French nineteenth-century work of Charles Aubry and Frédéric-Charles Rau. After discussing the difficulties that arise from the notion that patrimony has particular importance in relation to the rights of creditors and of heirs, the chapter considers the significance of patrimony to the question of succession. In particular, it analyses the transmission of economic personality to the heirs. It also describes various uses of patrimony in relation to trusts before revisiting the English case Jennings v Mather. Finally, it looks at the implications of a trustee's death for patrimony, the Scottish law on trusts, dealings with trust property, and why a patrimonial approach to trusts should be adopted.

Keywords:   patrimony, common law trust, Charles Aubry, Frédéric-Charles Rau, creditors, heirs, succession, Jennings v Mather, death, trust property

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