When things go wrong

IF 0.2 Q4 LAW
Jonathan Rimmer
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引用次数: 0

Abstract

Legal arrangements carry their own risks. The courts and legislatures have had centuries to get trust law right, but when foundations were introduced in the Channel Islands and the Isle of Man around ten to twelve years ago, there was a chance to short-cut much of that incremental development, and to use much of the trust and company law experience. It was planned that foundations, in common law jurisdictions, would not be seen merely as trusts by another name. They were designed closely to resemble the civil law paradigm, in particular having legal personality, and the legislation made clear that they had different characteristics from trusts. This article looks at the effective oversight of foundations in the Isle of Man, drawing on experiences in Jersey.
当事情出错时
法律安排有其自身的风险。法院和立法机构有几个世纪的时间来正确制定信托法,但当大约十到十二年前在海峡群岛和马恩岛引入基金会时,有机会缩短大部分增量发展,并利用大部分信托法和公司法经验。根据计划,在普通法管辖区,基金会不会仅仅被视为另一个名称的信托。它们的设计与民法范式非常相似,特别是具有法人资格,立法明确表明它们与信托具有不同的特征。本文借鉴泽西岛的经验,探讨了对马恩岛基金会的有效监督。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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来源期刊
自引率
66.70%
发文量
92
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