Lee, Joyman;
(2021)
The irreducible core of trustee duties in East Asian trusts.
Trusts & Trustees
, 27
(4)
pp. 302-310.
10.1093/tandt/ttab013.
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Abstract
This article examines the idea of the “irreducible core” of trustee duties in relation to East Asian trusts. Although the Japanese Trust Act of 2006 has designated many duties as non-core, the extent of reduction is far from certain. This is because regulatory law continues to apply, as well as the court’s policy interest in giving effect to the trust only where this is intended by the parties. The New Zealand Trust Act of 2019, which highlights the centrality of good faith rather than self-denial, clearly identifies the duties which stand at the core of the Japanese and Chinese trusts.
| Type: | Article |
|---|---|
| Title: | The irreducible core of trustee duties in East Asian trusts |
| Open access status: | An open access version is available from UCL Discovery |
| DOI: | 10.1093/tandt/ttab013 |
| Publisher version: | https://doi.org/10.1093/tandt/ttab013 |
| Language: | English |
| Additional information: | copyright © The Author(s) (2021). Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (http://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited. |
| UCL classification: | UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws UCL > Provost and Vice Provost Offices > UCL SLASH UCL |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10149047 |
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