Chapter

Trust

Tony Honoré

in Southern Cross

Published in print November 1996 | ISBN: 9780198260875
Published online March 2012 | e-ISBN: 9780191682162 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198260875.003.0027
Trust

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The English trust is an institution by which a trustee has the title to property which he holds or administers for another, the beneficiary, or for an abstract purpose. Trust has taken root in South Africa but not in its English form. It has a modified shape that serves most of its functions in Anglo-American law. However, it is subject to closer state control than the English trust, and has been pruned of some peripheral features of English trust law that are ill-adapted to local conditions. It has never been seriously suggested that South Africa would wholly reject the trust. In the upshot the South African trust is an evolutionary hybrid, but in the path it has followed it is unique among civil law systems.

Keywords: South African law; English trust; Anglo-American law

Chapter.  12412 words. 

Subjects: History of Law

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