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Trustrecht en bewind : rechtsvergelijkende beschouwingen met betrekking tot het Anglo-Amerikaanse trustrecht in verband met het bewind, de executele en andere parallelfiguren in het Nederlandse recht

By Cornelis Aedsge Uniken Venema


This book contains a comparative study of Anglo~American trust law. It is inspired by the proposition that this ..greatest and most distinctive achievement of Anglo~American law" 1 might hold some elements which could be useful or even in~ dispensable for the growth of Dutch law. The background of this proposition is revealed in Chapter I: there exists in Dutch law a number of trust~like schemes which cannot satisfactorily be explained on the basis of the ordinary Civil Law concepts. So there are the devices of executele and bewind, the former comparable to executorship, the latter generally to a spendthrift trust, and sometimes to an ordinary trust to secure future in~ terests. There are trustees acting for bondholders and committees doing the same. There are, furthermore, the devices of the administratie van effecten, often comparable to the voting trust, and of the effectendepot, comparable to the investment trust in its strict trust~form. There is also the transfer of copyrights, com~ monly performed by composers, in order that the transferee may exercise those rights for the benefit of the transferring composer. And finally a device may be mentioned, that is comparable to a common~law assignment for the benefit of creditors ... Zie: Brief account

Year: 1954
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