Fulltext

Common Law Foundations and their recognition—a ‘new kid on the block' in Private International Law

Picht, Peter ; Kopp, Caroline

In: Trusts & Trustees, 2017, vol. 23, no. 6, p. 621-626

Add to personal list
    Title
    • Common Law Foundations and their recognition—a ‘new kid on the block' in Private International Law
    Author
    • Picht, Peter. Prof. Dr. Peter Picht, LL.M (Yale), Chair for Commercial Law, University of Zurich, Freiestrasse 15, 8032 Zurich, Switzerland. E-Mail: peter.picht@rwi.uzh.ch
    • Kopp, Caroline. Caroline Kopp, Academic Assistant at the Chair for Commercial Law (Prof. Picht), University of Zurich, Switzerland. E-mail: caroline.kopp@rwi.uzh.ch
    Document Type
    • Postprint
    Language
    • English
    Published in
    • Trusts & Trustees, 2017, vol. 23, no. 6, p. 621-626. Oxford University Press
    Other Version
    OAI-PMH Identifier
    • oai:doc.rero.ch:330970
    Summary
    With the creation of the ‘Common Law Foundation (CLF)', a new actor has entered the stage of Private International Law and international wealth planning. The recognition of the CLF by other jurisdictions is not self-evident given its mixed legal nature. Although an independent jurisdiction is free to create new institutes of law, there is no guarantee that other jurisdictions will accept the new type of entity and grant it the desired legal effects. So far, there is no case law concerning the CLF. Consequently, guidance must be sought by looking at comparable legal institutes and the way they were treated by other jurisdictions, like, for example, Switzerland and Germany. When it comes to the question of recognition, there is no room for stereotypical solutions.