TY - JOUR
T1 - Substance Without Form
AU - Hofri-Winogradow, Adam
N1 - A short version of "Shapeless Trusts and Settlor Title Retention: an Asian Morality Play", Loyola Law Review 58(1), 135-177 (2012) ; republished in European Journal of Comparative Law and Governance 1-37 (2013) ; and in Modern Studies in Property Law, Volume 7, Nick Hopkins (ed), Hart Publishing, 85-106 (2013).
PY - 2013/9/18
Y1 - 2013/9/18
N2 - This article is focused on such shapeless trust regimes that permit, among other configurations, ‘settlor title retention trusts’, under which title to the trust assets is left in the settlor despite the appointment of another person or body as trustee. Asking whether the difficulties attributed to the shapeless model render it inferior to the conventional Anglo-American trust model, under which title in the trust assets is transferred to a trustee, the relative efficacy of ‘shapeless’ trust regimes will be evaluated, as well as of settlor title retention trusts. While the Chinese experience is too recent to provide substantial insights on the matter, the issues raised above may be illuminated by the annals of what seems to have been the world’s first shapeless trust regime: the Israeli Trust Act of 1979.
AB - This article is focused on such shapeless trust regimes that permit, among other configurations, ‘settlor title retention trusts’, under which title to the trust assets is left in the settlor despite the appointment of another person or body as trustee. Asking whether the difficulties attributed to the shapeless model render it inferior to the conventional Anglo-American trust model, under which title in the trust assets is transferred to a trustee, the relative efficacy of ‘shapeless’ trust regimes will be evaluated, as well as of settlor title retention trusts. While the Chinese experience is too recent to provide substantial insights on the matter, the issues raised above may be illuminated by the annals of what seems to have been the world’s first shapeless trust regime: the Israeli Trust Act of 1979.
UR - https://www.step.org/tqr/tqr-september-2013/substance-without-form
M3 - ???researchoutput.researchoutputtypes.contributiontojournal.article???
SP - 20
EP - 26
JO - Trust Quarterly Review
JF - Trust Quarterly Review
ER -