Research output: Chapter in Book/Report/Conference proceedingChapter


This chapter addresses the following questions: How did the trust develop in Scots and South African law? Have the two systems drawn from the same historical sources? Have they both proper and thriving trust regimes? How is the protection of the trust beneficiary approached, seeing the absence of the equitable remedies of English law? How can the similarities and dissimilarities be explained in the light of the respective histories? It shows that both Scots and South African law have sophisticated and properly functioning trust regimes. By this it means, in particular, an institution which not only fulfils normal trust functions but which also protects the beneficiary against eventualities such as the trustee's insolvency or breach of trust
Original languageEnglish
Title of host publicationMixed Legal Systems in Comparative Perspective
Subtitle of host publicationProperty and Obligations in Scotland and South Africa
EditorsReinhard Zimmermann, Kenneth Reid, Daniel Visser
Place of PublicationOxford, United Kingdom
PublisherOxford University Press
Number of pages30
ISBN (Print)0199271003, 978-0199271009
Publication statusPublished - 10 Mar 2005


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