Overseas Beneficiaries' Remedies for Breach of Trust in China

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Abstract

Seeks to identify a systematic framework for remedies for a breach of trust based on comparative studies of common law trusts and points out the gaps that ought to be filled in Chinese law. There are numerous examples of trusts in international finance. Examples include securities clearing systems, trustees of security interests, bondholder trustees and custodianship of investments. Part of the reason trusts are so popular in common law jurisdictions is due to the extensive equitable remedies available to beneficiaries. Where, however, the trustee is based in a jurisdiction with a less developed trusts law, an overseas beneficiary may have fewer options in terms of remediation.
Original languageEnglish
Pages (from-to)364-66
JournalButterworths Journal of International Banking and Financial Law
Volume30
Issue number6
Publication statusPublished - 5 Jun 2015

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