Introduction to the Law of Trusts
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3.6.2015 Question 58
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Question:
It's generally admited that the Hague Convention on Trusts applies to swiss investment funds. Look at the scope of the Convention and explain why
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Material:
There were art. 7, 11, 25, 26, 33 and 35 of the Collective Investment Schemes Act of 2006 (RS 951.31)
https://www.admin.ch/opc/en/classified-compilation/20052154/
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Open discussion:
During the discussion Thévenoz insiste on the fact that the convention looks at a relationship.
In common law this relationship is born by an unilateral declaration (trust). In civil law this relationship is born by a contract (for example 112 CO "stipulation pour autrui").
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03/06/2015
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Question:
Certainty of subject-matter / Explain the traditional principle expressed in Goldcorp (and London Wine) = allocation of the goods / Does the Court apply this traditional principle in Re Harvard = No ! / On which basis the Court distinguishes Goldcorp and Re Harvard = tangible property ≠ intangible property (shares)
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Material:
Small excerpt from Re Harvard (not very useful)
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Open discussion:
A few questions about examples of how to respect certainty of subject-matter by separating bottles of wine (in boxes, or with name on each bottle...) / Can we create an express trust without transferring the trust fund to a trustee? Yes! Self-declared trust (the settlor becomes the trustee)
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10/09/16 - Question 65
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Question
What are the remedies available to the beneficiaries against trustees who acted in breach of trust? What was the decision of the House of Lords in Target v Redfern ?
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Material
Target v Redfern execerpt
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Open discussion
What are the remedies available against third parties ?
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Nb :
Carefully choose the words you use during the exam.
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