The Structural Approach to the French Trust Law: Reference to Attempts at Unifying the Trust Law

2014 Fiscal Year Final Research Report

• Project/Area Number: 23730098
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Gakushuin University (2012-2014); Kyushu University (2011)
• Principal Investigator: HARA Megumi 学習院大学, 法務研究科, 教授 (60452801)
• Project Period (FY): 2011-04-28 – 2015-03-31
• Keywords: 信託 / フランス法 / 資産論

Outline of Final Research Achievements

In civil law countries, the trend in justification of the trust is by using the French theory of "patrimony". Such theorization of trust leads to understanding the trust as type of special patrimony. This interest in French patrimony shows the necessity in discovering how the French law has actually conceptualized trust (that is, understanding the core structural elements of French trust). This study leads to examining how the difference in fundamental elements of trust, especially the Anglo-Saxon trust and the Civilian trust lead to the content of the obligation of the trustee.

Free Research Field

民法、信託法