Abstract
The trust is today an international legal institution, firmly established in jurisdictions all over the world, including those in Asia. The process by which the trust and trust law were transplanted in Asia forms a rich tapestry of complex themes. A key development was the codification of trust law by the colonial government of India at the end of the nineteenth century. This embraced an ‘obligational’ model of the trust that removed the notion of ‘equitable ownership’. On the face of it, the Indian Trusts Act 1882 carried innovations in both form and substance. Although a closer examination reveals limits in the innovations, the Act proved influential in the failed attempts to codify the law in England and the transplantation of trust law into the mixed legal system of Ceylon and the civilian system of Japan. The historical analysis of these developments sheds light on modern debates about the transplantation of law in general, the comparative study of trust law and theoretical discussions about the nature of the trust.
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