George Gretton

in A History of Private Law in Scotland

Published in print December 2000 | ISBN: 9780198267782
Published online March 2012 | e-ISBN: 9780191683374 | DOI:

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One of the central questions in any attempt to study the history of trust must be the extent of English influence. It is a question of considerable difficulty, which is discussed in this chapter. The origins of the trust remain uncertain, and while it must be presumed that English law had some influence — the adoption of the English name is suggestive — the evidence does not support the theory of anything like a reception of English trust law, and, indeed, it is hard to prove any substantial degree of English influence before about the middle of the nineteenth century, by which time the institution had long been established.

Keywords: English law; trusts; trust law; nineteenth century; English influence; fideicommissum

Chapter.  20970 words. 

Subjects: Constitutional and Administrative Law

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