Abstract
Abstract Understanding the trust is the first step to reproducing its features in a civilian jurisdiction. Professor Lupoi explains the comparative issues. They include linguistic subtleties, conceptual difficulties and differences of approach with civil law systems preferring the clarity and coherence offered by general principles. He explains that there is no equivalent in the common law. Courts confine themselves to (fact sensitive) issues in the particular case. This leads to vagueness or even incoherence. A solution is to focus on the functional aspects of the trust. Professor Lupoi draws attention to the cousin of the massively discretionary trust; this is the “industrial trust.”
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