‘New Developments in Fifteenth-Century Ottoman Trust Law and the Fate of the Hagia Sophia’

‘The Hagia Sophia Case, Recent Case: Daniștay, Onuncu Daire [Council of State, Tenth Chamber] Matter No 2016/16015, Decision No. 2020/2595, July 2, 2020’, 134 Harvard Law Review 1278 (2021). English legal historian Frederic William Maitland declared in the late 19th century, ‘[i]f we were asked what is the greatest and most distinctive achievement performed by Englishmen in the field of jurisprudence I cannot think [of] any better answer … than … the development from century to century of the trust idea’. Maitland, indeed, had good reason to applaud the innovation of trust law. But his claim of English exceptionalism may have been a bit immodest. As beautifully recounted in an unattributed student case note, English legal tradition is not alone in recognizing beneficial ownership, the concept that underlies the enduring ingenuity of trust law … (more)

[Reid Weisbord, JOTWELL, 16 May]

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