Core Irreducible Features of the Trust: Comparative Analysis of Trust across Common Law, Civil Law, and Mixed Jurisdictions
This article comparatively analyses the core irreducible essential features of trust across common law, civil law, and mixed/hybrid jurisdictions. English trust and civil law trust like instruments are compared to identify similarities and core features. Trusts and trust like instruments are locked in these country models in Hague convention, Luxembourg, Italy, France, South Africa, Czech, Quebec, Scotland. Each unique to its own. Ownership trust assets, rights and duties of trustee, settlor and beneficiary is identified and compared in civil and common law perspective. Conclusively similarities are identified in vastness of differences. Core inessential features are laid out.
Keywords: Trust, Trustee, Settlor, Beneficiary, Core Features, Trust like Instruments, Common law trusts, Civil law trusts, Hybrid trusts, Convergence, Hague Convention