Postgraduate Course: Comparative and International Trust law (LAWS11243)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 11 (Postgraduate) |
Availability | Not available to visiting students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | The course examines the notion of ¿trust¿ from a functional perspective. It explores the essential nature of trusts, as well as their core features across a number of jurisdictions.
The course is not limited to any particular system of ¿trust law¿ and, in particular, it is not a course devoted to the ¿common law trust¿ only, being international and comparative in its approach.
The course examines the different conceptual approaches that are taken to the ¿trust¿ across selected jurisdictions in common law, civil law and mixed legal jurisdictions to demonstrate the flexibility and diversity of the concept.
European harmonisation projects, and other international trust instruments, are also considered alongside selected mainstream trust jurisdictions. The trust jurisdictions considered include England and Wales, the United States of America, selected ¿offshore' jurisdictions, mixed legal systems (such as Scotland, South Africa and Quebec) and civil law systems, including, for instance, Germany and France.
In addition to examining trusts in the doctrinal context of specific legal systems, the course also considers trusts in a conflict of laws perspective.
This course does not require any previous knowledge of trust law. However, it does presuppose a basic knowledge of each of the following: the law of obligations and of property law; some understanding of of succession law, insolvency law and of international private law is also desirable. The course also presupposes familiarity with basic comparative methodologies as well as a basic understanding of the civil law, the common law and mixed legal jurisdictions. |
| Course description |
The aim of the course is to familiarise students with the advanced study of the law of trusts and to encourage them to analyse national solutions to the problems of trust law in comparative perspective. Students will be encouraged to evaluate the impact of the use of trusts and of functionally similar instruments from a socio-economic perspective.
1. Outline content
Introductory seminar: The notion of ¿trust¿ and its core elements
Conceptualising the trust from a comparative perspective
The trust in English law
The trust in the US
Trusts in off-shore jurisdictions
The trust in civil law jurisdictions (1)
The trust in civil law jurisdictions (2)
The trust in mixed legal jurisdictions
Trusts in European harmonisation projects
Trusts and Private International Law
2. Student Learning Experience
The course will be taught by a series of 10 two-hour seminars, for which students will be provided in advance with reading lists, and questions to guide their reading and their development of ideas. Active participation in seminar discussions will be strongly encouraged and expected. All students will be required to give an oral presentation concerning a particular paper on the reading list or on a specific topic.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
|
Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Course Delivery Information
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| Academic year 2021/22, Not available to visiting students (SS1)
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Quota: 25 |
| Course Start |
Semester 2 |
Timetable |
Timetable |
| Learning and Teaching activities (Further Info) |
Total Hours:
200
(
Seminar/Tutorial Hours 20,
Programme Level Learning and Teaching Hours 4,
Directed Learning and Independent Learning Hours
176 )
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| Assessment (Further Info) |
Written Exam
0 %,
Coursework
100 %,
Practical Exam
0 %
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| Additional Information (Assessment) |
The course is assessed by a 5,000-word essay which requires to be submitted in April. A choice of topics will be given. |
| Feedback |
All students will be required to give an oral presentation concerning a particular paper on the reading list or on a specific topic. This will not be part of their summative assessment but will enable them to develop soft skills and to explore certain topics in greater depth.
In addition, they will be given the opportunity to submit a piece of formative written work. The formative assessment does not contribute toward the overall course mark. Feedback on the formative assessment may be provided in various formats, for example, to include written, oral, video, face-to-face, whole class, or individual. The course organiser will decide which format is most appropriate in relation to the nature of the assessment.
Feedback on the formative work will be provided in time to be of use for the summative assessment.
Feedback on the summative assessment will be provided in written form via Learn, the University of Edinburgh's Virtual Learning Environment (VLE). |
| No Exam Information |
Learning Outcomes
On completion of this course, the student will be able to:
- Understand the conceptual approaches to the notion of ¿trust¿.
- Understand the core features of trusts across a number of jurisdictions and legal traditions.
- Appreciate the comparative approach to the study of trusts.
- Have an ability to comment critically and engage in debate on the issues examined.
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Reading List
The essential reading for each seminar is indicated on the handout accompanying the particular seminar. Handouts will be issued electronically on ¿LEARN¿ at least one week before each seminar.
Students are expected to read the assigned material prior to each seminar and to be able to discuss it in detail.
The literature on trust law is vast. Among the books that will be frequently used and referred to are:
* M Graziadei, U Mattei and L Smith (eds), Commercial Trusts in European Private Law (CUP, 2005)
* D J Hayton (ed), Modern International Developments in Trust Law (Kluwer Law International, 1999)
* D J Hayton (ed), Extending the Boundaries of Trusts and Similar Ring-fenced Funds (Kluwer Law International, 2002)
* D J Hayton (ed), The International Trust (Jordans, 3rd edn 2011)
* R Helmholz and R Zimmermann (eds), Itinera Fiduciae: Trust and Treuhand in an Historical Perspective (Duncker and Humblot 1998)
* L Ho and R Lee (eds), Trust Law in Asian Civil Law Jurisdictions (CUP 2013)
* M Lupoi, Trusts: A Comparative Study (CUP 2000) |
Additional Information
| Graduate Attributes and Skills |
Students will develop the skills of working both independently and in groups in the critical analysis of legal and source materials across different jurisdictions in the field of trusts. They will gain experience in the functional analysis of trusts and the difficulties such an analysis poses. They will develop sensitivity to the nuances of language and terminology. By interactive discussion, they will learn the value of shared dialogue to the formation and refinement of their thinking. |
| Keywords | Trusts,Foundation,Treuhand,Fiducie,Fideicomiso,Legal Transplants,Patrimony,Hague Trusts Convention |
Contacts
| Course organiser | Prof Alexandra Braun
Tel: (0131 6)51 5560
Email: Alexandra.Braun@ed.ac.uk |
Course secretary | Miss Lauren Ayre
Tel: (0131 6)50 2010
Email: Lauren.Ayre@ed.ac.uk |
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