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Historical Conceptions of the Express Trust, c 1600–1900

Foster, David; (2023) Historical Conceptions of the Express Trust, c 1600–1900. In: Degeling, Simone and Hudson, Jessica and Samet, Irit, (eds.) Philosophical Foundations of the Law of Trusts. Oxford University Press (In press). Green open access

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Abstract

This chapter discusses the historical and analytical conceptions of the express trust in the period c 1600 – 1900. Particular emphasis is placed upon the historical conception of the trust as a ‘confidence annexed in privity’ and the reification of the trust in the case law and treatise literature of the period. The chapter concludes with a consideration of the significance of the school of analytical jurisprudence in shaping modern conceptions of the trust –¬ most notably by applying the language of rights in rem and rights in personam to equitable rights.

Type: Book chapter
Title: Historical Conceptions of the Express Trust, c 1600–1900
Open access status: An open access version is available from UCL Discovery
Publisher version: https://global.oup.com/academic/
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher's terms and conditions.
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/10153508
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