‘Trusts as Ownerless Property’

Alexandra Popovici, Trust in Quebec and Czech Law: Autonomous Patrimonies?, 24 European Review of Private Law 6 (2016). When comparing common law and civil law in the area of property, the trust is always presented as a legal institution of ownership typical for the common law and absent in the civil law. The trust, then, represents one of the major differences between these two legal traditions. While such a formal differentiation might be justifiable, the civil law indeed, like the common law, often generates institutions with some of the attributes of the common law trust but with varying characterizations of interest. Alexandra Popovici’s article discusses the unique characteristics of instruments with trust-like qualities in civil systems, and she reveals the drafting history around the Québec Civil Code treatment of the issue … (more)

[Sjef Van Erp, JOTWELL, 4 July]

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