Common law equity in a civil law country

Type Journal Article - Victoria U. Wellington L. Rev.
Title Common law equity in a civil law country
Author(s)
Volume 44
Publication (Day/Month/Year) 2013
Page numbers 427-438
URL http://www.victoria.ac.nz/law/research/publications/vuwlr/prev-issues/volume-44,-issue-34/04-Angelo_​Allan.pdf
Abstract
This article serves to introduce an aspect of current research related to the review of the Seychelles
Civil Code and the important question of the role of trusts. The Civil Code is based on the Code
Napoléon and has therefore no provision for the trust of English law. The Courts of Seychelles have,
however, a statutory equitable jurisdiction. That jurisdiction has given rise to the question whether
the trust of England may be able to operate in Seychelles. The prime area of discussion of this
possibility has been in relation to the property rights of the parties to a failed concubinage
relationship. This article focuses on that discussion.

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