Trusts and Choice of Law Rules in Taiwan
In: 2022 NTU Law Review, Forthcoming
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In: 2022 NTU Law Review, Forthcoming
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In: Sydney Law Review, Forthcoming
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In: Hart Publishing, Forthcoming
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In: (2022) 31(1) Washington International Law Journal 117–149
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Since its introduction in East Asia over a century ago, trust law has seen much development, refinement, and domestic transformation. However, the treatment of trusts in private international law is severely underdeveloped. Due to the lack of comprehensive and dedicated choice of law rules in East Asia regarding trusts, there is much uncertainty in how forum courts treat cross-border trust disputes. This treatment derogates from a proper recognition of the trust as a distinctive legal device and fails to properly protect the autonomy and legitimate expectations of certain parties. Worse still, it puts East Asia out of step with most jurisdictions that actively use trusts. This is a regrettable situation in an increasingly globalized world, where incidences of cross-border trust disputes are on the rise. Ultimately, legislators in East Asian jurisdictions ought to consider enacting or reforming their choice of law rules to develop a comprehensive set of trust rules based on the Hague Trusts Convention.
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In: (2021) 20 Journal of Korean Law 57
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In: Cambridge Law Journal, Forthcoming
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In: [2020] 1 Legal Network Series (A) xvi, 1
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In: [2020] Conveyancer and Property Lawyer 11
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In: (2020) 43 University of New South Wales Law Journal 281
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In: [2020] 1 Malayan Law Journal cxxii
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In: (2020) 50 Hong Kong Law Journal 109
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In: (2021) 44(3) Melbourne University Law Review (advance)
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In: in Ying Khai Liew and Matthew Harding (eds), Asia-Pacific Trusts Law: Theory and Practice in Context, Hart Publishing, Forthcoming
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In: (2021) 12 William & Mary Business Law Review 685
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