Дисертації з теми "Equity and Trusts Law"
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Ashdown, Michael J. "The rule in Re Hastings-Bass." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:b63ddd3f-1762-41b2-8c6b-e3c4c1c2b711.
Повний текст джерелаOlcese, Tomás. "Formação histórica da real property law> inglesa: tenures,estates, equity & trusts." Universidade de São Paulo, 2012. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-29082013-140556/.
Повний текст джерелаEnglish real property law is not a subject very often studied in the legal tradition based on Roman law, and even less so in Brazil. Even comparative writers have tended to minimize, if not altogether omit, a comprehensive study of the English sources when discussing the subject, resulting in a lack of literature, written from the perspective of continental private law, that analyses in greater depth the main formative elements of the law of real property based on the English legal model. The references and allusions to the common law legal system, however, have become increasingly more frequent in civil law contexts, largely due to the greater degree of interaction between legal systems belonging to different historical traditions. Thus, in order to establish meaningful dialogues, special attention must be given to the main factors that shaped the English legal system, thereby unveiling its specific structure and terminology. The firs step towards establishing such a dialogue is to understand the elements that gave birth to the common law legal system. Given the strong connection English law has with its history, it is necessary to study the real property law through an analysis of its historical sources, which will reveal the conceptual structure and the meaning of the most typical expressions and institutions of the English legal system. That is the task undertaken herein, to be accomplished through the study of the historical inception of the doctrine of tenures, the doctrine of estates, equity and trusts. A study based on the sources regarding the formation of the real property law brings the additional advantage of providing a broad outlook on the nature and operation of the English legal system as a whole, as the primary development of English law was associated to the structure of rights over land in England. That context is the cause, to a large extent, of the peculiarities and characteristics that make the English legal system, in many ways, different from legal systems based on Roman law. The pursuit for a closer interaction between the legal systems that belong to those two legal traditions requires an understanding of the elements that determined their differences. The object of this research is to identify those elements and make them comprehensible from a civilian perspective, by means of an analysis of the most relevant English sources on the subject.
Stafford, Rowan Bell. "A legal-comparative study of the interpretation and application of the doctrines of the sham and the alter-ego in the context of South African trust law: the dangers of translocating company law principles into trust law." Thesis, Rhodes University, 2011. http://hdl.handle.net/10962/d1003210.
Повний текст джерелаCutts, Tatiana. "The role of tracing in claiming." Thesis, University of Oxford, 2015. http://ora.ox.ac.uk/objects/uuid:5000c8bc-8fd4-4889-b13d-f0ad714e947f.
Повний текст джерелаChan, Kathryn. "The public-private nature of charity law in England and Canada." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a77dd8a0-9a94-46f0-9e83-761103f45655.
Повний текст джерелаSanchez, de Lozada Louis. "Trusts exprès privés anglo-américains, fidéicommis latino-américains et la fiducie française." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020043/document.
Повний текст джерелаAnglo-American express private trusts, Latin-American fideicomiso and French fiducia”. Common Law trusts (English, American and Cook Islands) co-exist with civil law domestic trusts (Argentinean, Bolivian and Panamanian fideicomiso and French fiducia). They belong to the Common Law and continental law families respectively and have different structures. Anglo-American express trusts are settled by a settlor (declaration, gift) or by a will that creates an equitable relationship between the trustee and the cestui, whereby both share legal and equitable interests on the trust property. Civil law trusts are settled by a contract between the settlor and the trustee and by a will. Thus, a civil law trust beneficiary has only personal remedies against a trustee in respect of breach of trust. Despite the structural differences, both types of trusts operate in similar ways, due to the transfer of property to the trustee and the separation of the trust property. Testamentary trusts also work in a similar way; forced heirship is an external element of both. Trust managing and investment techniques and practices are also similar: condition precedent and condition subsequent clauses and discretionary trusts and powers are common to both trust models. Separation of the trust property allows for the settlement of protective trusts, trusts for project financing, defeasance and securitization. French Mutual Funds are comparable to Unit Trusts. Both should give legal title to the trustee (custodian). External elements of French law, which do not exist in Anglo or Latin American trusts, restrain the normal operation and use of French fiducia. We propose to modify the fiducia, mutual and securitization funds law
Molinari, Claire Marcella. "The environment, intergenerational equity & long-term investment." Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:30dd270b-3f0f-4b8b-979e-904af5cb597b.
Повний текст джерелаGarland, Fae Sinead. "Valuing domestic contributions : a search for a solution for family law." Thesis, University of Exeter, 2012. http://hdl.handle.net/10871/10201.
Повний текст джерелаBall, Eli Byron Stuart. "Enrichment at the claimant's expense : attribution rules in unjust enrichment." Thesis, University of Oxford, 2014. http://ora.ox.ac.uk/objects/uuid:dc066712-fd0c-4d4f-81ad-dfbbb1805acf.
Повний текст джерелаShmilovits, Liron. "Deus ex machina : legal fictions in private law." Thesis, University of Cambridge, 2019. https://www.repository.cam.ac.uk/handle/1810/286225.
Повний текст джерелаTse, David. "Conditional Systematic Risk of Equity Real Estate Investment Trusts." Scholarship @ Claremont, 2015. http://scholarship.claremont.edu/cmc_theses/1128.
Повний текст джерелаElias, Gbolahan O. A. "The aims of constructive trusts." Thesis, University of Oxford, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.303525.
Повний текст джерелаHudson, Alastair. "Financial derivatives, restitution and trusts." Thesis, University of London, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.300585.
Повний текст джерелаEddy, Christopher. "Style adjusted performance of South African general equity unit trusts." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/8558.
Повний текст джерелаThe performance of South African General Equity Unit Trusts is investigated in order to establish if managers are able to add value after adjusting for style exposure. The analysis is performed from January 2003 to December 2012 using three alternative methodologies including unconstrained regressions, returns-based style analysis and return decomposition. The results indicate that the majority of unit trust manager's style adjusted excess return is not statistically different from zero and the performance can be replicated using passive style indices. While the majority display negative style adjusted excess return there are individual unit trusts which consistently are able to outperform across the different methodologies and time periods. The economic significance of this positive alpha can be large over a longer period of time.
Hoch, Rowan Andrew. "Persistence of alpha in South African general equity unit trusts." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/28316.
Повний текст джерелаChambers, Robert. "Resulting trusts and the law of restitution." Thesis, University of Oxford, 1995. https://ora.ox.ac.uk/objects/uuid:52463f15-d433-46cc-a70b-3524106c860e.
Повний текст джерелаKaur, Jaswinder. "Choice of law rules for testamentary trusts." Thesis, University of Birmingham, 2014. http://etheses.bham.ac.uk//id/eprint/4978/.
Повний текст джерелаCollinet, Lance. "Characterising persistence of performance amongst South African general equity unit trusts." Master's thesis, University of Cape Town, 2001. http://hdl.handle.net/11427/10290.
Повний текст джерелаThis study analyses the relative performance of general equity unit trusts from 1980 to 1999, using a database that has been verified for accuracy and is free of survivorship bias. It characterises the behaviour of performance persistence in order to explain the conflicting results of previous persistence studies and to provide a framework for further research into the causes of persistence. This research shows that the relationship between past and future performance rankings is positive, but weak. The results of persistence studies are highly sensitive to the length of the holding period used to evaluate performance and to the time period covered in the analysis. As the holding period lengthens, the persistence studies are highly sensitive to the length of the holding period used to evaluate performance and to the time period covered in the analysis. As the holding period lengthens, the persistence results become more sensitive to the beginning date and ending date of the period under examination.
Robertson, M. "Identifying and correcting misclassified South African equity trusts using style analysis." Master's thesis, University of Cape Town, 1999. http://hdl.handle.net/11427/9944.
Повний текст джерелаThe concept of style analysis is rapidly spreading in the money management business. In addition to it's use in the areas of benchmarking, portfolio structuring, risk control and performance attribution, style analysis has also been shown to be a powerful tool for identifying and evaluating the groupings and classification of investment portfolios. This study is based on an iterative application of William Sharpe's technique of returns-based style analysis. In essence the technique is used to create purified unit trust style indices in order to verify the existing classification of equity unit trusts. The technique is extended for the purpose of confirming the returns-based misclassified funds through testing the fit of combinations of style factor returns derived from a composition-based factor model.
Swann, Stephen James Alan. "From law to faith : letting go of secret trusts." Thesis, University of Leicester, 1999. http://hdl.handle.net/2381/31100.
Повний текст джерелаCarr, D. J. "Equity in Scots law." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.597303.
Повний текст джерелаYu, Jiejun. "Performance evaluation of the UK equity unit trusts : does active management add value?" Thesis, University of Birmingham, 2012. http://etheses.bham.ac.uk//id/eprint/3484/.
Повний текст джерелаLe, Grand de Belleroche Diane. "La reconnaissance des trusts étrangers en droit français : étude comparative du concept anglais de trust et du contentiaux du droit des trusts en France." Paris 1, 2003. http://www.theses.fr/2003PA010297.
Повний текст джерелаClark, James Peter. "Performance, performance persistence and fund flows : UK equity unit trusts/open-ended investment companies vs. UK equity unit-linked personal pension funds." Thesis, University of Exeter, 2013. http://hdl.handle.net/10871/10821.
Повний текст джерелаPicton, John. "Charitable intention in the Cy-Pres doctrine and related trusts principles." Thesis, University of Liverpool, 2013. http://livrepository.liverpool.ac.uk/17913/.
Повний текст джерелаRahman, Latiefa (nee Manie). "Defining the concept "Fiduciary Duty" in the South African law of trusts." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_7366_1205415700.
Повний текст джерелаAn aspect of the South African law of trusts which has, despite the abovementioned evolution of South African trust law, not been clarified, is the ambit of a trustee's fiduciary duty. This, however, is not only the position in South Africa, but Scotland and, until recently, England as well. It is opined that the "
fiduciary obligation"
is a concept in search of a principle. Thus, the aim of the present research was to define this concept in terms of the South African trust law context.
Oldham, Davis. "The idea of trust in the age of trusts /." Thesis, Connect to this title online; UW restricted, 2000. http://hdl.handle.net/1773/9335.
Повний текст джерелаMyers, David Hobson. "Persistence in pension account returns : the impact of survivorship and reaction of asset flows /." Thesis, Connect to this title online; UW restricted, 2001. http://hdl.handle.net/1773/8783.
Повний текст джерелаGuneratne, Camena Erica. "Genetic Resources, Equity and International Law." The University of Waikato, 2009. http://hdl.handle.net/10289/2475.
Повний текст джерелаManie, Latiefa. "The South African law of trusts with a view to legislative reform." University of the Western Cape, 2016. http://hdl.handle.net/11394/5349.
Повний текст джерелаMore than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there exists a pressing need to develop statutorily the law of trusts more extensively. To this end, the research has a dual objective: Firstly, to identify those areas of South African trust law that are not currently regulated statutorily but for which, by reason of extensive and, at times, controversial jurisprudential development, such regulation is now essential. Secondly, to analyse critically the Trust Property Control Act in its current form in order to determine the utility of its provisions, particularly in light of jurisprudential development since the Act’s commencement. The purpose of the study is to formulate comprehensive recommendations for legislative reform in the area of South African trust law.
Kudanga, Annah. "A critical analysis of the financial regulation of private equity investments in South Africa." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/4768.
Повний текст джерелаPrivate equity is a critical vehicle of entrepreneurship development that is essential in reducing unemployment and boosting the economic growth of South Africa. There has, however, been a decline in private equity investment (PEI) activity in South Africa compared to the 2006-2007 peak and seed capital by venture capitalists has been affected the most. This has been attributed to a number of factors mainly related to financial and tax regulation. This study critically reviews the financial regulation of the PEIs in South Africa with a view to elucidating potential pitfalls that may be affecting the competitiveness of the industry. A comparison with the regulation of PEIs in the United Kingdom (which is generally regarded as functioning well) is also made in order to provide a basis for recommendations to improve private equity activity in South Africa. The main legal structures for PEIs in South Africa are the en commandite partnerships and the bewind trusts, of which en commandite partnerships are the most common legal structure. The private equity industry is mainly regulated by common law. However, there are various, separate sections of legislation that regulate private equity transactions as well as public companies. These fragmented pieces of legislation and regulations include the Financial Advisory and Intermediary Services Act, the Broad-based Black Economic Empowerment Act and the Black Economic Empowerment policy framework, the Companies Act, the Pension Funds Act, the Financial Markets Act, the Exchange Control Regulations 1961, the Competition Act, the Johannesburg Stock Exchange Listing Requirements and the King Reports on Corporate Governance. Of these, the most influential is the Financial Advisory and Intermediary Services Act which regulates financial service providers or fund managers. A comparison with the PEIs regulatory framework in the UK showed that the UK, apart from having a consolidated legislation regulating the legal structure of PEIs, generally, has a more comprehensive scope of regulation that includes self-regulation, co-regulation, and regional regulations, in addition to the traditional, conservative common law. This integration of regional requirements through EU’s Directive 2011/61/EU and the Walker Guidelines has probably helped the UK to open up new markets in the region. Although there are some positives in the regulation of PEIs in South Africa, notably the regulation of financial markets to prevent market abuse and insider trading, it appears financial regulation may benefit from drawing lessons from the law and regulatory framework of the UK. It is therefore recommended that the South African private equity industry develops a consolidated and facilitative regulatory framework. This can be based on co-regulation along the lines of the Walker Guidelines (which encourages more disclosure and transparency) as well as a consolidated Act to control all PEIs activities.
Le, More Pauline. "Le droit et les cartels internationaux /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80936.
Повний текст джерелаSpeckhahn, Wolfgang. "Real estate investment trusts (REITS) in Europe - Europeanizing tax regimes." Thesis, Anglia Ruskin University, 2015. https://arro.anglia.ac.uk/id/eprint/579909/1/Wolfgang%20Speckhahn%20Final%20Thesis%20combined.pdf.
Повний текст джерелаSpeckhahn, Wolfgang. "Real estate investment trusts (REITS) in Europe : Europeanizing tax regimes." Thesis, Anglia Ruskin University, 2015. http://arro.anglia.ac.uk/579909/.
Повний текст джерелаRudman, Riaan J. "An empirical study on the determinants of net investment flows of South African General Equity unit trusts." Master's thesis, University of Cape Town, 2004. http://hdl.handle.net/11427/5981.
Повний текст джерелаGustafsson, Edvard. "Equity Crowdfunding - en delägarrevolution." Thesis, Uppsala universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-343460.
Повний текст джерелаScherer, John-Patrick. "“Deadlock Provisions in Equity Joint Venture Agreements”." Master's thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/29713.
Повний текст джерелаWong, Loi-loi Lilian, and 王萊萊. "A review of the regulatory framework for unit trusts in Hong Kong." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1990. http://hub.hku.hk/bib/B31264803.
Повний текст джерелаGrey, James Peter. "Performance and performance persistance in South African General Equity unit trusts, a test of South African market efficiency." Master's thesis, University of Cape Town, 2005. http://hdl.handle.net/11427/10573.
Повний текст джерелаOver the last four decades academics have been concerned with both the factors effecting individual unit trust performance and whether this performance persists going forward. Whilst persistence in performance is of interest to unit trust investors from a practical perspective, it is also of interest to academics due to its inherent implications for the Efficient Markets Hypothesis (EMH). This study employs South African data based on a sample of 35 General Equity unit trusts over the six year period 1st January 1998 to 31 st December 2003. This study discusses both the EMH as well as factors that influence unit trust management style and associated performance. Using Jensen's alpha in both a Capital Asset Pricing Model (CAPM) framework and a 2-Factor Arbitrage Pricing Theory (APT) model, unconditional evidence is presented on the performance of General Equity unit trusts.
Yeo, T. M. "Choice of law for equitable doctrines." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.391055.
Повний текст джерелаGregory, William Allan. "The doctrine of parol agreement trusts and fraud in equity : an historical-doctrinal analysis of equity's jurisdiction under the head of fraud to impose trusts arising out of parol agreements." Thesis, University of Wolverhampton, 2016. http://hdl.handle.net/2436/620394.
Повний текст джерелаFarchakh, Loubna. "The concept of intergenerational equity in international law /." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80918.
Повний текст джерелаMacnair, Michael Richard Trench. "The law of proof in early modern equity." Thesis, University of Oxford, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.334166.
Повний текст джерелаBerry, Matthew. "Law, Justice, and Equity in Aristotle's Nicomachean Ethics." Thesis, Boston College, 2016. http://hdl.handle.net/2345/bc-ir:107190.
Повний текст джерелаAt the beginning of the fifth book of the Nicomachean Ethics, Aristotle tells us that, according to common opinion, justice is lawful and fair. He concludes his examination of justice with a discussion of equity, which proves to be neither strictly lawful nor strictly fair—and yet Aristotle tells us that equity is, in a certain sense, the highest form of justice. This dissertation explains how Aristotle reaches this startling conclusion. I begin with an exploration of the careful taxonomy of justice that Aristotle lays out in the first half of book five. But Aristotle abruptly abandons this taxonomy midway through the book when he turns from the simply just to the politically just. For this reason and others, I argue that the second half of the book is not, as some have asserted, the application of the universal principles of justice to a political situation, but a new beginning and a fresh attempt to articulate the virtue of justice, free from the flaws we discover through a careful study of the first half of the book. Aristotle’s political justice takes its bearings from the health of a republican government, that is, a government of free and equal citizens. And yet political justice, like political courage, remains on the level of politics. Aristotle’s discussion of equity at the end of the book presents the virtuous form of justice, which corrects the flaws of justice as lawfulness and justice as fairness and permits justice to take its place in the economy of a noble human life
Thesis (PhD) — Boston College, 2016
Submitted to: Boston College. Graduate School of Arts and Sciences
Discipline: Political Science
Chabursky, Lubomyr. "A critical examination of the Employment Equity Act /." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60698.
Повний текст джерелаCassiem, Rehana. "The taxation of income and expenditure of Trusts in South Africa - are they still viable estate planning tools?" Thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12821.
Повний текст джерелаThis research paper will explore the taxation of the income and expenditure in today’s day and age. We will have an in - depth look into the mechanics of trusts, to ascertain whether they still have a role to fulfil in estate planning. Therefore the paper will first explore the background in trusts in Section A, Section B will deal with how trusts are tax and Section C will try and answer why trusts are still popular amidst the unfavourable changes in recent legislation.
Thomas, Shawn. "An investigation into performance persistence amongst South African general equity unit trusts funds - for the period 2000 to 2011." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12074.
Повний текст джерелаIncludes bibliographical references.
This paper updates aspects of the original study done by Collinet in his 2001 UCT Masters Thesis “Characterising Persistence of Performance amongst South African General Equity Unit Trusts”, in which he tested performance persistence over the period 1980 to 1999. This updated study focuses on testing whether the performance of a unit trust fund in one period can be used to predict the performance of that unit trust fund in a subsequent period. The overall results of the updated study were comparable to the Collinet (2001) study, although in the Collinet study evidence of short-term performance persistence was found when holding periods of 6 months were tested. The results for the 1, 2 and 3 year holding periods tested were inconclusive and no evidence was found that performance persists over any of those holding periods...
Koo, Gerald M. F. "Foreign equity participation in United States airlines." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=55702.
Повний текст джерелаChristoffersen, Keith. "WAQF : a critical analysis in light of Anglo-American laws on endowments." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=28254.
Повний текст джерелаLin, Xi. "Equity in the Chinese law : its origin and transformations." Thesis, London School of Economics and Political Science (University of London), 2008. http://etheses.lse.ac.uk/2974/.
Повний текст джерела