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Commercial Trust Law

IBL702

Course CodeIBL702
ECTS

Course Description

This unit explores the law of trusts in an international context, comparing doctrine in different jurisdictions and exploring the theoretical implications of such differences.

Course Objectives

This unit explores the law of trusts in an international context, comparing doctrine in different jurisdictions and exploring the theoretical implications of such differences.

Key Topics

  1. LO1: Understand the basic principles of Equity as part of the English system of Law.
  2. LO2: Understand the way trusts are used in commercial transactions and how issues are dealt according to the norms of contract and trusts law.
  3. LO3: Understand the differences between the rights, duties and power of trustees operating commercial trusts as opposed to those operating family trusts.
  4. LO4: Understand the relationship between the law of trust in an international setting.

Course Outline

WeekTopics
1Foundations and Functions of Commercial Trusts
2Creation and Mechanics of Express Commercial Trusts
3Equitable Rights and Obligations of Parties
4The Interplay of Contract, Equity, and Trust Law
5Conceptual Separation of Trust Law from Contract Law
6Comparative Trustee Powers: Commercial versus Family Settings
7Fiduciary Duties and Governance Across Trust Frameworks
MidtermMidterm evaluation
9Trustee Liability and Risk Mitigation
10Trust Creditors and Asset Recovery
11Cross-Border and Comparative Creditor Protection
12Applying Commercial Trust Law in practice: case studies
13Assignment workshop: research, planning and referencing
14Assignment workshop: drafting, feedback and improvement
15Review and coursework completion
FinalFinal assessment and submission

Learning Outcomes

  1. LO1 Understand the basic principles of Equity as part of the English system of Law.
  2. 1.1 Analyse the mechanics of creating express trusts including the rights of beneficiaries.
  3. 1.2 Understand the functions of a trust device.
  4. 1.3 Evaluate and compare types of trust.
  5. 1.4 Evaluate the nature of respective rights and obligations of the parties trusts.
  6. LO2 Understand the way trusts are used in commercial transactions and how issues are dealt according to the norms of contract and trusts law.
  7. 2.1 Analyse the context of commercial transaction into contract with trusts law and equity.
  8. 2.2 Evaluate the interactions between contract law and trusts law.
  9. 2.3 Explain how trusts are not bound up with contract.
  10. 2.4 Critically analyse how trustees limit their liabilities.
  11. LO3 Understand the differences between the rights, duties and power of trustees operating commercial trusts as opposed to those operating family trusts.
  12. 3.1 Evaluate the powers of a trustee operating a commercial trust and one operating a family trust.
  13. 3.2 Compare and contrast the rights and duties imposed upon a trustee of a commercial trust or family trust.
  14. LO4 Understand the relationship between the law of trust in an international setting.
  15. 4.1 Analyse commercial expectations of a trust creditor.
  16. 4.2 Compare the law relating to trust creditors in other jurisdictions.
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