Ying Khai Liew - Böcker

At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

Constructive trusts significantly interfere with the rights of an apparent legal owner of property. This makes it necessary for their imposition to be properly explained and justified. Unfortunately, attempts to rationalise constructive trusts as a whole—as opposed to specific doctrines or particular aspects of constructive trusts—have been few and far between.Rationalising Constructive Trusts proposes a new structure for a coherent understanding of constructive trusts. By using a combination of conceptual tools, it provides answers to a number of crucial questions, for example: What are the ingredients of a constructive trust claim? What are the limits of constructive trusts? How can we rationalise the imposition of constructive trusts in particular situations? Why do judges exercise varying degrees of remedial discretion in different doctrines?From a wider perspective, the structured understanding helps us to appreciate the precise ambit and role of express, constructive, and resulting trusts.

At a time when Asia represents the fastest growing economic region, there is no better moment to consider what trusts law can contribute to societal stability and economic prosperity. This book does this by offering the first work that systematically explores trusts law across the region. Many Asian-Pacific jurisdictions have integrated and developed trusts law in their legal systems; either through colonial heritage or statutory activism. But the diversity of legal traditions and local contexts has resulted in trusts laws having a significantly varied impact across the region. In the modern globalised world there is growing need to adopt an outward looking approach in dealing with matters of common interest. This book answers this need by bringing together leading legal scholars and practitioners in the region to explore the theory and practice of trusts law, contextualised to specific jurisdictions in the Asia-Pacific. Exploring 17 jurisdictions in Asia, it bring both an academic and practitioner perspective to trusts law in the region.

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.

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.

This collection explores the boundaries of trusts law in the Asia-Pacific region.It is uncontroversial to state that the region’s jurisdictions are diverse, reflecting a mix of histories, economies, politics and legal systems. The essays in this collection illustrate how this diversity is reflected in trusts law. But this thematic and systematic exploration from a region-wide perspective also identifies patterns of commonality in those factors which limit the operation of trusts law, particularly as jurisdictions encounter domestic and international challenges. By charting both convergence and divergence, this study is pivotal in shaping and guiding the future development of trusts law in the region.

This collection explores the boundaries of trusts law in the Asia-Pacific region.It is uncontroversial to state that the region’s jurisdictions are diverse, reflecting a mix of histories, economies, politics and legal systems. The essays in this collection illustrate how this diversity is reflected in trusts law. But this thematic and systematic exploration from a region-wide perspective also identifies patterns of commonality in those factors which limit the operation of trusts law, particularly as jurisdictions encounter domestic and international challenges. By charting both convergence and divergence, this study is pivotal in shaping and guiding the future development of trusts law in the region.

This collection of essays assesses how contract laws throughout the Asia-Pacific region are facing challenges and transforming in response to the digital world. Certainly, the Asia-Pacific is a truly diverse region, but this book establishes the common grounds across jurisdictions, in terms of contract laws and the challenges posed by the digital world. Looking at contract law more generally - formation, terms and mitigating factors - in jurisdictions such as Australia, Malaysia, Japan, and Bangladesh, it offers rigorous doctrinal analysis of the laws in the region. Recognised experts share key insights which will influence the future of private law in the area.