Trust and Treuhand in Historical Perspective
Description
Legal scholars from every nation are usually guided by the formations of their own legal system and, if they do dare to cross boundaries, by the two big legal »families«: the continental European and the Anglo-American legal system. These two legal systems are usually treated as systems that isolated themselves and have separate historical developments. The goal of the CSC is to correct this skewed view. On the one hand, each of the two legal systems never formed a monolithic unit: one only has to bear in mind the differences between the German and the French legal system or the fact that US Law is drifting away from English Common Law. On the other hand, the model of two isolated legal systems has proven to be fragile and antiquated: the mutual influence and common features are forces that have shaped the legal development substantially on both sides. It is also due to the research results published so far in the CSC, that these notions have been corrected. It is the intent of the CSC, which is kindly sponsored by the Gerda Henkel Foundation, to further bridge the gap between the two legal systems.
Overview
Inhalt: R. Helmholz / R. Zimmermann, Views of Trust and Treuhand. An Introduction - D. Johnston, Trust and Trust-like Devices in Roman Law - H. Siems, Von den piae causae zu den Xenodochien - S. Herman, The Canonical Conception of the Trust - J. Biancalana, Medieval Uses - R. Helmholz, Trusts in the English Ecclesiastical Courts 1300-1640 - N. Jones, Trusts in England after the Statute of Uses: A View from the 16th Century - M. Macnair, The Conceptual Basis of Trusts in the Later 17th and Early 18th Centuries - K. O. Scherner, Formen der Treuhand im alten deutschen Recht - R. Zimmermann, Heres Fiduciarius? Rise and Fall of the Testamentary Executor - R. Feenstra, Foundations in Continental Law since the 12th Century: The Legal Person Concept and Trust-like Devices - M. Graziadei, The Development of Fiducia in Italian and French Law from the 14th Century to the End of the Ancien Régime - K. Luig, Philipp Knipschildt und das Familienfideikommiß im Zeitalter des Usus modernus - S. Hofer, Treuhandtheorien in der deutschen Rechtswissenschaft des 19. Jahrhunderts. Zur Verwendung von historischen Rechtsinstituten in der Zivilrechtsdogmatik - J. Rückert, Kontinuität und Diskontinuität in der Treuhandforschung - A. Richter, German and American Law of Charity in the Early 19th Century - S. Grundmann, The Evolution of Trust and Treuhand in the 20th Century - M. Lupoi, Trusts and Civilian Categories (Problems Spurred by Italian Domestic Trusts) - G. Gretton, Scotland: The Evolution of the Trust in a Semi-Civilian System
