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Asia-Pacific Trusts Law, Volume 2

Adaptation in Context

Asia-Pacific Trusts Law, Volume 2 cover

Asia-Pacific Trusts Law, Volume 2

Adaptation in Context

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Description

This book brings together leading legal scholars and practitioners from across the Asia-Pacific region to probe the ways in which trusts law has been adapted by various jurisdictions, and to analyse their causes and effects. The contributions discuss how the trust structure, with its inherent malleability, has been adapted to meet a diverse set of local needs, including social, religious, economic, commercial, or even historical needs. But in most instances, those needs - and the ways in which trusts law has been adapted to meet them - are not unique to a single jurisdiction: they often (coincidentally or otherwise) find much in common with others. By making its readers aware of the commonality of needs in Asia- Pacific, this book also aims to encourage coordination and cooperation in utilising trusts law to address shared concerns across the region.

Table of Contents

1. Introduction: Adaptation in Context, Ying Khai Liew (University of Melbourne, Australia) and Ying-Chieh Wu (Seoul National University, South Korea)

PART I. Familial Adaptation

2. Resulting and Constructive Trusts in the Contemporary Singaporean Family Context, Man Yip (Singapore Management University)
3. Marrying English Trusts Law with Chinese Customary Law? Historical Evolution and Modern Anomalies of the Tso/Tong in Hong Kong, Rebecca Lee (University of Hong Kong, China)

PART II. Religious Adaptation

4. Religious Endowments and Trusts Law in Colonial India, TT Arvind (University of York, UK)
5. Adaptation of the Law of Trusts to Regulate Administration of Places of Religious Worship in Sri Lanka, Anton Cooray (City, University of London, UK)
6. Innovations within Malaysian Trusts Law: Labuan's Trusts Law and the Hibah Trust, Hang Wu Tang (Singapore Management University)

PART III. Commercial Adaptation

7. Trust in a Trustless World: Crypto-Asset Custodians, Trusts and Trust Regulations in Taiwan, Yueh-Ping (Alex) Yang (National Taiwan University)
8. Adaptation in a Civil Law and Sharia Context: Trusts and Foundations in the Gulf Region, David Russell (Outer Temple Chambers, UK)
9. Adaptation of Offshore Trusts in the South Pacific: Tension between Commercial and Social Needs, Katy Barnett (University of Melbourne, Australia)

PART IV. Statutory Adaptation
10. Trusts and Statutes in the Australian Federation, Matthew Harding (University of Melbourne, Australia)
11. Trustee Duties in Thailand's Statutory Trusts, Adam Reekie (Thammasat University, Thailand) and Surutchada Reekie (Chulalongkorn University, Thailand)
12. Pakistan's New Trusts Acts 2020: Adaptation to Regulatory Overkill, Muhammad Zubair Abbasi (Royal Holloway, University of London, UK)
13. The Trusts Law Legislation Project in New Zealand, Jessica Palmer (University of Otago, New Zealand)
14. Adaptation Throughout History: The Journey of the Israeli Trust from a Charitable Trust to an Estate Planning Instrument, Meytal Liberman (Advocate, Israel)
15. Application of Cambodia's New Trust Law from a Practitioner's View, Matthew Rendall (SokSiphana&associates, Cambodia) and Soromnear Sin (Din & Co., Cambodia)

PART V. Doctrinal Adaptation

16. Trusts in South Korea: Towards an Independent Fund Mechanism, Ying-Chieh Wu (Seoul National University, South Korea)
17. Accessory Liability and Tracing: Modern Adaptations of Japanese Trusts Law, Masayuki Tamaruya (University of Tokyo, Japan)
18. Intention in the Creation of Chinese Inter Vivos Express Trusts, Hui Jing (University of Hong Kong, China)

PART VI. Cross-Border Adaptation

19. Trusts Choice of Law Rules in Asia-Pacific: Adapting to the Future, Ying Khai Liew (University of Melbourne, Australia)

Product details

Published Dec 15 2022
Format Hardback
Edition 1st
Pages 416
ISBN 9781509954605
Imprint Hart Publishing
Dimensions 9 x 6 inches
Publisher Bloomsbury Publishing

About the contributors

Anthology Editor

Ying Khai Liew

Ying Khai Liew is Professor of Law, Melbourne Law…

Anthology Editor

Ying-Chieh Wu

Dr. Ying-Chieh Wu is Associate Professor at Seoul…

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