Science
Conference

COMPARATIVE ANALYSIS OF TRUSTS IN COMMON, CIVIL, AND ISLAMIC LEGAL SYSTEMS

Gayrat Eshbaev

Tashkent State University of Law
Science-Conference.com
Volume: 2
Issue: 2
Date: November 6, 2024
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Abstract

This study presents a comprehensive comparative analysis of trust mechanisms across three major legal systems: Common Law, Civil Law, and Islamic Law. Through examining the historical development, fundamental principles, and contemporary applications of trusts in these systems, this research highlights the convergences and divergences in how different legal traditions approach the concept of property management and wealth transfer. The study reveals that while each system has developed distinct approaches, globalization has led to increasing convergence and mutual influence. The findings suggest that the future of trust law lies in continued harmonization while preserving the unique characteristics that make each system effective in its context.

Keywords

Smart contracts, construction law, contract law, legal tech, project delivery, distributed ledger technology.

References

Akkermans, B. (2018). “The Common Core of European Private Law: Trust Law.” European Review of Private Law, 26(4), 489-512. Al-Zamil, Y. (2019). “Islamic Waqf and Common Law Trust: A Comparative Study.” Arab Law Quarterly, 33(2), 171-196. Banakas, S. (2020). “Understanding Trusts in Civil Law Jurisdictions.” Cambridge Law Journal, 79(1), 123-145. Graziadei, M. (2017). “Recognition of Common Law Trusts in Civil Law Jurisdictions under the Hague Trusts Convention.” Tulane Law Review, 91(4), 781-810. Hayton, D. (2016). “The Development of Trust Law in Civil Law Jurisdictions.” Journal of Private International Law, 12(2), 296-318. Lupoi, M. (2019). “Trusts: A Comparative Study.” Cambridge University Press. McAuley, M. (2018). “Trust Law in Civil Law Systems: A Comparative Analysis.” Oxford University Press. Nolan, R. (2017). “Equitable Property and Modern Trust Law.” Law Quarterly Review, 133(1), 118-142. Rahman, F. (2020). “Modern Applications of Islamic Waqf: Bridging Traditional and Contemporary Practices.” Islamic Law Review, 15(3), 245-268. Smith, L. (2021). “The Worlds of the Trust.” Cambridge University Press. Steele, K. (2019). “Comparative Trust Law: Global Perspectives.” Hart Publishing. van Rhee, C.H. (2020). “Towards a European Law of Trusts?” European Review of Private Law, 28(4), 955-975. Waters, D. (2017). “The Future of Trust Law in Global Perspective.” Estates, Trusts & Pensions Journal, 36(3), 267-289. Zhang, R. (2021). “Trust Law in Asian Civil Law Jurisdictions: A Comparative Analysis.” Asian Journal of Comparative Law, 16(1), 78-102. Zimmermann, R. (2018). “Trust and Civil Law: Bridge Between Common Law and Civil Law Traditions.” European Private Law Review, 25(2), 431-456.