Holding Mining Titles from Civil Law Countries on Trust: an Unpredictable and Risky Exercise
| Autor: | Bertrand Montembault-Héveline, Alexis Blois |
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| Rok vydání: | 2000 |
| Předmět: | |
| Zdroj: | Journal of Energy & Natural Resources Law. 18:131-141 |
| ISSN: | 2376-4538 0264-6811 |
| Popis: | Nothing, in the authors’ view, shows the clear originality of the English legal system in quite the same way as a trust. This mechanism has evolved to be applied in a multitude of ways in extremely varied circumstances, affecting individuals (succession, incapacity, etc) and the business world (charities, security interests, etc). It is therefore quite natural that common law lawyers seek to use this mechanism in the mining industry and, for example, envisage setting up a trust over that specific asset which is a mining title. The diversity of the use of trusts is a good illustration of the pragmatic approach of a law which is concerned primarily to satisfy practical requirements. It is clear that the technique of the trust is always somewhat disconcerting for the continental lawyer insofar as it remains closely linked to the English legal system and it is difficult, indeed impossible, to understand in the traditional categories of continental law—it should be noted, for example, how the French legislator... |
| Databáze: | OpenAIRE |
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