A Study on Specific Characteristics and Applications of?Purpose Trust
Date Issued
2016
Date
2016
Author(s)
Liu, Meng-Ru
Abstract
The purpose of this thesis is to scrutinize the features and functions of purpose trust and to provide the legislature with constructive suggestions when importing purpose trust to the Taiwanese legal system. By examining the purpose trust of the UK, the US, the Principles of European Trust Law, Japan and Offshore Financial Center, we will find that a purpose trust can be divided into a “loose” and a “limited” model. Furthermore, this study analyses advantages and underlying problems arising from having a purpose trust and then goes on to explore Wang, Yung-Ching’s Bermuda Trust Case. In the end, based on the aforementioned analyses, this thesis tries to overcome the defects involved in the current trust law of Taiwan. In other words, the principal aim of this thesis is to remind local academics and practitioners of the importance of a new type of trust by reference to the purpose trusts adopted in some major jurisdictions of the world. This hopefully can open the gate for more discussions on and development of the field. It is anticipated that such an initiative could contribute to the advancement, construction and diversity of the trust law of Taiwan.
Subjects
Trust
Trust Law
Purpose trust
Non-charitable purpose trust
Uniform Trust Code
Principles of European Trust Law
Type
thesis