Trusts in mixed jurisdictions

Closed legal systems are gone in modern world, “mixed” have become the norm. That has made so-called “transplants” easier but, contrary to a widely held view, institutions cannot be transplanted. English trust rules even less, for they not coherent set of rules. The British attempted legislate on trusts their colonies, instance Ceylon (the present-day Sri Lanka), and were thus obliged coherent. it necessary introduce new concepts with unforeseeable consequences. A wave legislation followed adoption convention “On Law Applicable To Trusts And On Their Recognition” by 15th session Hague Conference private international law (1985); gave birth “international model” that quickly became favourite setting rich ultra-rich. Jersey Channel Islands was leading jurisdiction, many others but until establishment International Finance Centres Gulf later Kazakhstan where “the laws England Wales” taken as source local courts staffed former judges or any event lawyers brought up common proper transplant took place. totally different witnessed attempts create imitations had run against well-established civil conceptual attitudes did allow existence more than one patrimony per person segregation assets within person’s patrimony. In 2022 France decreed each businessman is automatically owner two patrimonies; open way radical re-thinking notions. Québec Louisiana examples its own idea form object fiducie belong nobody, while Louisiana’s Trust Code deft admixture elements based civilian notion “fiduciary”. Luxembourg, other countries then examined: focus South Africa Scotland, which past shared period European ius commune present being both orphaned from cultural lineage provided answers current matters drawing Roman law. Now solve problem holding trustee patrimony, his he trustee.