ASLI Fellowship Seminar – Trust as a Nominated Contract within a Civil Law System

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  • ASLI Fellowship Seminar – Trust as a Nominated Contract within a Civil Law System
October

29

Thursday
Speaker:Professor Eriko Taoka
Rikkyo University
Moderator:Associate Professor Kelry Loi
Faculty of Law, NUS and Co-Director, ASLI
Time:1:15 pm to 2:15 pm (SGT)
Venue:East Core Conference Room
EC03-12, NUS Law
Kent Ridge Campus
Type of Participation:Open To Public

Description

Japanese trust law has a long history dating back to 1922. However, court decisions applying it remain rare. One notable exception is Article 2(1) of the Act, the clause simply defining what is governed as a trust under the Act. Despite its declaratory character, a series of cases has arisen under this clause in which parties argued that their relationship should be considered a trust even though they had not designated it as such. These cases have prompted ongoing academic debate over the essential elements of trust. Since the trust designation is often raised as a way of shielding assets from creditors or insolvency proceedings drawing on trust’s ringfencing effect, this remedial aspect is sometimes also viewed as comparable to resultant or constructive trusts in common law jurisdictions. Japanese trust law, however, does not recognise a remedial application of trust, and such comparisons should be drawn with caution. This talk identifies the essential elements of trust as they emerge from Japanese case law and academic debate, and analyses the functions trust designation performs within that case law, weighing its remedial role against the doctrinal and practical considerations courts should rely on. Through this examination, the talk shows how the concept of trust imported from common law jurisdictions has been shaped in Japanese trust law to play the same role as a nominated contract fitting within the Japanese civil law framework.

Fees Applicable

Complimentary

Registration

Register here by Monday, 26 October 2026, 12.00pm.

Contact Information

asli@nus.edu.sg
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