Die Qualifikation des englischen Trusts im deutschen internationalen Privatrecht

This book explores the classification of the English trust in German private international law, with particular emphasis on the equitable interest of the cestui que trust. Although the classification of trusts in German private international law has been the subject of a great deal of case law and academic writing, so far no comprehensive work on the classification of all the most important categories of trust, i.e. express, resulting und constructive trusts, has existed. However, since all trusts share a common set of fundamental principles, the correct classification of trusts requires that these principles, as well as the specific characteristics of the different categories of trust, are likewise taken into account. To this end, the author examines the history, fundamental principles and juristic nature of express, resulting und constructive trusts and develops a uniform classification of the English trust as an institute in personam.