The civil law trust: a modality of ownership or an interlude in ownership?

Emerich, Yaëll

doi:10.1017/cbo9781139505994.004

The Worlds of the Trust 2013

DOI: 10.1017/cbo9781139505994.004

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The civil law trust: a modality of ownership or an interlude in ownership?

Yaëll Emerich

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Cited by 3 publications

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“…Another way to apply trust structure in civil law that can help to not subdivide the property is to personify the trust. Emerich (2013) has stressed the point that the implementation of the trust in the civil law system would be possible by distinguishing the trustee's interests from those of the beneficiaries. The latter's interests would not be ignored, but the beneficiaries would remain as relegated third parties in the complicated relationship between the trust and the trustee, equal to shareholders in societies (Smith, 2012).…”

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The Moroccan Waqf and the Common-Law Trust: A Comparative Study

Guelida

Aydouni

Ziani

2022

UUM Journal of Legal Studies

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Etymologically, the term trust originates from Latin; it means “care”. Charitable trusts and waqfs are methods of facilitating the intergenerational management of family wealth. Both are thought of as estate-planning vehicles, ensuring that assets of the testate go to certain individuals or organizations. However, whereas the trust has expanded its scope to cover the economic field, the waqf in Morocco is still considered a religious exercise. While there are shared features between the Moroccan waqf and the trust, they are conceptually and practically different in many aspects, most importantly in their perception of ownership and their contrasting stances regarding endowment duration. Despite the importance of the trust. The comparative legal methodology has been adopted to study the spirit of the different legal systems. The comparison has revealed the existence of undeniable similarities in terms of the management of endowments, yet the differences are numerous, especially with regard to ownership structure, juristic personality, and perpetuity rules, among others.

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The Moroccan Waqf and the Common-Law Trust: A Comparative Study

Guelida

Aydouni

Ziani

2022

UUM Journal of Legal Studies

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Droit et pouvoir (Rights and Powers)

Smith

2017

SSRN Journal

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Fiduciary transfer of ownership: One or more ownerships?

Radonjić¹

2019

Strani pravni život

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The civil law trust: a modality of ownership or an interlude in ownership?

Cited by 3 publications

References 11 publications

The Moroccan Waqf and the Common-Law Trust: A Comparative Study

The Moroccan Waqf and the Common-Law Trust: A Comparative Study

Droit et pouvoir (Rights and Powers)

Fiduciary transfer of ownership: One or more ownerships?

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