The Legal Nature of the Unit Trust
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Product details:
- Publisher OUP Oxford
- Date of Publication 8 January 1998
- ISBN 9780198764687
- Binding Hardback
- No. of pages400 pages
- Size 243x163x26 mm
- Weight 748 g
- Language English 0
Categories
Short description:
This is the first book to provide a detailed and thorough conceptual analysis of the unit trust. Such analysis is not just of academic interest: it is of much practical relevance too. The author examines such topics as the nature of the unit trust, the interaction of unit holders, the manager's legal position, and the trustee and manager relationship. The book will be invaluable to all those requiring a better understanding of the unit trust.
MoreLong description:
This is the first book to examine in depth the doctrinal character of the unit trust. The author begins by tracing the history of the unit trust as a sub-set of the trust and the company. He goes on to examine a whole range of related topics, including the contractual ingredient of the unit trust and its implications on doctrines of perpetuities, important case law such as the case of Saunder v Vautier, frustration, and remedies. This is followed by an analysis of the unit trust's relationships, obligations, and rights aspects -- including the associative, agency and fiduciary character of the relationships; the 'split of trusteeship' between the trustee and the manager (in the form of directory, veto, delegation, and advisory powers); and the nature of the unit trust. The relevant provisions of the Financial Services Act 1986 and its subsidiary legislation are also analysed. Clearly this book will be invaluable to all those who require a better understanding of the unit trust.
This is a work of enormous scholarship./ ... a steady grasp of legal principle prevents the reader from losing her way in this dense subject matter./ ... this book is a major contribution to scholarship, which will also assist practitioners./ ... the research and analysis it records is a rich source of new ideas. It will undoubtedly provide the basis for much future work .../ Dr. Joanna Benjamin, King's College London, Trust Law International, Vol. 12, No. 4, 1998.
Table of Contents:
Introduction
Evolution of the Unit Trust
The Trust and the Constitution of a Unit Trust
The Character of Unit Trust Relationships
Trusteeship in the Unit Trust
The Nature of Units