2009 Fiscal Year Final Research Report
Study on the Law of Trusts in offshore regions
| Project/Area Number |
19402016
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| Research Category |
Grant-in-Aid for Scientific Research (B)
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| Allocation Type | Single-year Grants |
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| Section | 海外学術 |
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| Research Field |
Civil law
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| Research Institution | Waseda University |
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Principal Investigator |
WATANABE Hiroyuki Waseda University, 法学学術院, 教授 (10376402)
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| Project Period (FY) |
2007 – 2009
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| Keywords | 信託法 / オフショア / 信託の限界 |
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| Research Abstract |
Conventionally, the biggest legal feature of a trust was said to exist in the separation between the trustee's common-law power and the beneficiary's equity power. For this reason, civil law countries were unable to adopt a legal structure in which common-law power and equity power belong to separate entities, and it was considered that most European countries had their own trust-like systems but they could never have a trust itself as a legal system. However, in recent years, in pursuit of the introduction of a trust system in Europe, the dominant approach has been to find the characteristics of a trust in the concept of independence of segregated property, without relying on a legal structure specific to Anglo-American laws.
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