The irreducible core of trustee duties in East Asian trusts

Lee, J. (2021) The irreducible core of trustee duties in East Asian trusts. Trusts and Trustees, (doi: 10.1093/tandt/ttab013) (Early Online Publication)

[img] Text
242613.pdf - Accepted Version
Restricted to Repository staff only until 8 April 2023.

641kB

Abstract

This article examines the idea of the “irreducible core” of trustee duties in relation to East Asian trusts. Although the Japanese Trust Act of 2006 has designated many duties as non-core, the extent of reduction is far from certain. This is because regulatory law continues to apply, as well as the court’s policy interest in giving effect to the trust only where this is intended by the parties. The New Zealand Trust Act of 2019, which highlights the centrality of good faith rather than self-denial, clearly identifies the duties which stand at the core of the Japanese and Chinese trusts.

Item Type:Articles
Status:Early Online Publication
Refereed:Yes
Glasgow Author(s) Enlighten ID:Lee, Dr Joyman
Authors: Lee, J.
College/School:College of Social Sciences > School of Law
Journal Name:Trusts and Trustees
Publisher:Oxford University Press
ISSN:1363-1780
ISSN (Online):1752-2110
Published Online:08 April 2021

University Staff: Request a correction | Enlighten Editors: Update this record