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Charity and trusts: Mutuality or intersection?

Citation

Dal Pont, GE, Charity and trusts: Mutuality or intersection?, Journal of Equity, 10 pp. 26-50. ISSN 1833-2137 (2016) [Refereed Article]


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Abstract

The trust has long been associated with the effectuation of charity. While there are historical reasons why this is so, this article catalogues the shift, in the passage of time, away from the trust as the primary vehicle to achieve charitable objects. Against a backdrop of the trust itself being in some core ways an inapt vehicle for effecting charity, the development in the law of other structures through which to pursue collective endeavours - the association, incorporated or otherwise, and the company being the primary ones - has witnessed those structures become the principal vehicles through which charitable objects are nowadays accomplished. This raises a legitimate question as to whether, in many instances of charitable endeavour, there remains any substantive use for the trust. This article argues that, with certain exceptions, there are compelling grounds to dissociate the trust from charity.

Item Details

Item Type:Refereed Article
Keywords:charity, trusts
Research Division:Law and Legal Studies
Research Group:Law
Research Field:Equity and Trusts Law
Objective Division:Expanding Knowledge
Objective Group:Expanding Knowledge
Objective Field:Expanding Knowledge in Law and Legal Studies
Author:Dal Pont, GE (Professor Gino Dal Pont)
ID Code:111273
Year Published:2016
Deposited By:Law
Deposited On:2016-09-07
Last Modified:2017-10-17
Downloads:0

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