Undergraduate Course: Comparative and International Trust law (LAWS10292)
Course Outline
| School | School of Law |
College | College of Arts, Humanities and Social Sciences |
| Credit level (Normal year taken) | SCQF Level 10 (Year 3 Undergraduate) |
Availability | Available to all students |
| SCQF Credits | 20 |
ECTS Credits | 10 |
| Summary | This course explores the essential nature of trusts, as well as their core features, by examining different conceptual approaches that are taken to trusts across selected jurisdictions in common law, civil law and mixed legal jurisdictions. In doing so it shows the flexibility and diversity of the concept and how different models of trusts have circulated over time and space.
The course further examines the values underpinning certain regulatory choices across a number of jurisdictions as well as the boundaries of trust law and what is and what is not permitted across jurisdiction. In addition to examining trusts in the doctrinal context of specific legal systems, the course also considers trusts in a conflict of laws perspective.
The course examines the notion of 'trust' from a functional perspective. It 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 trust jurisdictions considered usually include England and Wales, the United States of America, New Zealand, selected offshore jurisdictions, mixed legal systems (such as Scotland, South Africa and Quebec) and civil law systems, including, for instance, Germany, France and Italy. Alongside selected mainstream trust jurisdictions, this course also considers European harmonisation projects, and other international trust instruments. |
| 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 also 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: Studying trusts through a comparative lens
Seminar 2: Conceptualising trusts as a property right
Seminar 3: Conceptualising trusts as an obligation - I
Seminar 4: Conceptualising trusts as an obligation - II
Seminar 5: Conceptualising trusts as a patrimony
Seminar 6: The boundaries of trust law: trusts without beneficiaries
Seminar 7: The boundaries of trust law: sham/illusory trusts
Seminar 8: The boundaries of trust law: dead hand control
Seminar 9: Trusts: The Essentials
Seminar 9: 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 is an essential part of this course and the learning experience. All students will therefore be expected to be prepared to give an oral presentation concerning a particular paper on the reading list or a specific topic. While this will not be part of their summative assessment, it will teach them how to read carefully and will enable them to develop important soft skills and allow them to explore certain topics in greater depth in view of possible dissertation topics.
Please note that classes for this course will be jointly taught with Masters level students. Although students at both levels will study the same course materials, assessments will be graded according to the relevant benchmark appropriate to the level of study.
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Entry Requirements (not applicable to Visiting Students)
| Pre-requisites |
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Co-requisites | |
| Prohibited Combinations | |
Other requirements | None |
Information for Visiting Students
| Pre-requisites | None |
Course Delivery Information
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| Academic year 2025/26, Available to all students (SV1)
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Quota: 0 |
| 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 will be assessed by 100% coursework:
Assessed by a 5,000-word essay. A choice of topics will be given. The topics will cover more than one seminar so that attendance of all seminars is highly advisable.
All students will be expected to be prepared to give a brief 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 important soft skills and to explore certain topics in greater depth. It also teach them how to read carefully. |
| Feedback |
Students will be given the opportunity to submit a piece of formative written work. The formative assessment does not contribute toward the overall course mark. |
| 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 complexities of taking a comparative approach to the study of trusts.
- Have an ability to comment critically and engage in debate on the issues examined.
- Understand different values underpinning regulatory choices in this area of law.
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Reading List
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)
* M Graziadei and LD Smith (eds), Comparative Property Law: Global Perspectives (2017)
* 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 (3rd edn Jordans 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)
* YK Liew and M Hardin, Asia Pacific Trusts Law, vol 1 (Hart Publishing 2021)
* M Lupoi, Trusts: A Comparative Study (CUP 2000)
* LD Smith (ed), The Worlds of the Trust (CUP 2013)
* LD Smith (ed), Re-Imagining the Trust (CUP 2012)
* N Piska and H Gibson (eds), Critical Trusts Law. Reading Roger Cotterrell (Counterpress 2024)
* S Degeling, J Hudson, and I Samet (eds), The Law of Express Trusts (OUP 2023) |
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 that is employed in this context. By interactive discussion, they will learn the value of shared dialogue to the formation and refinement of their thinking. By giving a presentation they will also learn how to read carefully and how to develop their own argument and present it to the class. |
| 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 | Mr Ryan McGuire
Tel: (0131 6)50 2386
Email: Ryan.Mcguire@ed.ac.uk |
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