2015Without PrejudiceRequires access

Call a trust a trust : trust law

Aidan Kenny

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Abstract

The right of a party to enter into a contract is governed by the legal status afforded by the various statues and our common law. The status of a trust is, however, shrouded in a cloth of mystery. A trust in terms of our law is not regarded as a legal person, and various issues regarding a trust are governed by the Trust Property Control Act (57 of 1988). However, a trust has been regarded in our case law as a legal institution sui qeneris.

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What this paper is about

The right of a party to enter into a contract is governed by the legal status afforded by the various statues and our common law. The status of a trust is, however, shrouded in a cloth of mystery. A trust in terms of our law is not regarded as a legal person, and various issues regarding a trust are governed by the Trust Property Control Act (57 of 1988). However, a trust has been regarded in our case law as a legal institution sui qeneris.

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Available abstract

The right of a party to enter into a contract is governed by the legal status afforded by the various statues and our common law. The status of a trust is, however, shrouded in a cloth of mystery. A trust in terms of our law is not regarded as a legal person, and various issues regarding a trust are governed by the Trust Property Control Act (57 of 1988). However, a trust has been regarded in our case law as a legal institution sui qeneris.

Key concepts: Trust law, Express trust, Blind trust, Law, Institution, Property (philosophy), Settlor, Business

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