LAWSG134 International and Commercial Trusts Law
|LAWSG134 International and Commercial Trusts Law|
|Credit value:||30 credits (15 ECTS, 300 learning hours)|
|Other Teachers:||Charles Mitchell;
Paul S Davies;
|Teaching Delivery:||20 x 2-hour weekly seminars, 10 seminars per term, Term One and Two|
|Who may enrol:||Any UCL Master’s student|
|Must not be taken with:||None|
|Qualifying module for:||LLM in International Commercial Law;
LLM in International Banking and Finance Law;
LLM in Litigation and Dispute Resolution
|Practice Assessment:||Take-home open book written examination|
|Final Assessment:||One 8-hour unseen take-home examination (max. 6,000 words) (100%)|
This module is a study of the use of trusts in the modern world of private estate planning and commercial transactions. Part I of the module covers the modern law of private trusts, that is, the use of the trust in managing family wealth, with an examination of developments in the ‘offshore world’. Part II covers the use of the trust in a variety of commercial transactions. Throughout Parts I and II, we also consider the conceptual nature of the trust and the way in which it does or does not form a coherent part of the law of property, or the law of obligations, or both.
Students with an interest in commercial law and litigation will enjoy this module. So will those who want to take an advanced private law course. The module has been designed to sit alongside the modules on Restitution of Unjust Enrichment and on Commercial Remedies, and students can take all three of these in conjunction without any significant repetition of material. Each week, students are expected to read cases, textbook chapters and articles for class discussion and/or to prepare answers to questions to be discussed in class. The teaching style is interactive: students are expected to ask and answer questions, make their own points, and debate issues with each other as well as the module teachers.
By the end of the module, students should have:
The Modern Law of Private Trusts
Trusts in Commercial Transactions
The Conceptual Nature of the Trust
There is no textbook that covers the whole module. Success in the course requires a good understanding of key principles of trusts law, and so looking at a suitable trusts text will be helpful preparation for the course. Where reference is often made in the readings to a trusts text, the text used, written by Ben McFarlane and Charles Mitchell, is:
Module reading lists and other module materials will be provided via online module pages, available at the beginning of term once students have enrolled.
None is required, but if you are planning to take the course and have not previously studied the law of trusts, then it is strongly recommended that, if possible, you consult such a text before beginning the course. A recent and recommended example of such a text, written by two of the module tutors, Ben McFarlane and Charles Mitchell, is: