The transnational trust has been enjoying increasing popularity, even in non-trust countries, due to a number of factors like the increased mobility of capital or the rising number of national regulations. This raises questions about conflicts of law. The term “conflict of laws” describes situations where a matter involves the laws of more than one state.
The Hague Convention on the Law Applicable to Trusts and on their Recognition aims to harmonise the choice of law rules applicable in states party to the Convention. Another major goal of the Convention is to provide for the recognition of trusts falling within its scope, giving guidance to contracting non-trust states as to what effect they must give a trust in their legal system.
The publication analyses the key provisions of the Convention in order to allow a comprehensive evaluation of whether the Convention succeeds in its goals - harmonising common law choice of law rules and helping non-trust countries overcome characterisation difficulties and give effect to trust in their legal systems.
The Hague Convention on the Law Applicable to Trusts and on their Recognition aims to harmonise the choice of law rules applicable in states party to the Convention. Another major goal of the Convention is to provide for the recognition of trusts falling within its scope, giving guidance to contracting non-trust states as to what effect they must give a trust in their legal system.
The publication analyses the key provisions of the Convention in order to allow a comprehensive evaluation of whether the Convention succeeds in its goals - harmonising common law choice of law rules and helping non-trust countries overcome characterisation difficulties and give effect to trust in their legal systems.
