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Trust Law

Trust Law

About the Course By taking up basic items regarding Trust Law, the class will have students acquire fundamental knowledge, learn a way of thinking underlying each item, and gain an understanding of comparative method, and develop fundamental analytical ability by studying actual examples. The classwork will use teaching materials that record applicable laws and regulations, judicial precedents, stipulations and concrete cases, basic materials of the U.K and U.S., and will be conducted in a lecture form intermingled with a question-and-answer style. The new Trust Law was put in force in 2007 and its significance is being unfolded gradually. If possible, the class will invite some guests who have careers in the actual business practice concerning trusts, and listen to concrete stories as to the meaning and application of the new Trust Law. For instance, due to the amendments of Trust Law and Trust Business Act, the following may become possible: “An elderly man A concerns about the future of his son who has some problem with mental competence. Fortunately Mr. A has a certain amount of property which he manages and maintains to appropriate its profits for living expenses of the son. That’s all right now, but Mr. A is anxious about the future after his death. So he explains the situation to a trust company B―that could be an attorney―and has B come up with a scheme in which he entrusts a proper amount of property so that an adequate amount of money goes to the son covering his living expenses. After the son’s death, remaining assets will be presented to the rest of the children and grandchildren of Mr. A’s.”  In addition to this example of the so-called civil trust, trusts have been widely employed in the field named the commercial trust such as an investment trust, pension trust, real estate trust, and further, an asset fluidization. It is the objective of this coursework to learn the way of thinking of Trust Law underlying these.

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