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).
Preview |
Text
D Foster, 'Historical Conceptions of the Express Trust, c 1600-1900' (August 2022).pdf - Other Download (327kB) | Preview |
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 |
Archive Staff Only
 |
View Item |
