Breach of Trust in Comparative Law
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Beschreibung
With the purpose of understanding the strong influence that English trust law has had in Latin America's legislation, this text will develop around the breach of trust in comparative law, contrasting the fiduciary figures in the Common Law and the Civil Law systems, from the study of one of the leading cases in English law that would represent a reference point for the particular analysis of English law and Colombian law, and which study will examine their key similarities and differences. The role of the history is essential to understand the way both fiduciary figures developed in the Common and Civil law, hence it is integrated with the comparison in this study. Issues such as transplanting law or rules from one system to another are mentioned, since the institution of English trust has been developed in many Hispanic-American countries - including Colombia - despite of coming from a Roman legal tradition. An important part of this study, will be the differences of the fiduciary figures as a result of the significance of equity in the English law and its strong influence in trust law, which explains the distinct elements with the Colombian equivalent. For this reason, the latin "fiducia" is not exactly as the English trust, it has been adopted clinging on the legal traditions country-specific. However, understanding the way they have developed is fundamental, with the globalisation it has become a need to find the unification of business instruments in the Commercial Law that has become increasingly towards the unification.
Autor*in
Maria Luisa Londoño Arrubla
Themen in »Breach of Trust in Comparative Law«
Kolumbianisches Recht Rechtsvergleichung Vertrauensbruch Zivilrecht