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Search On Cy Pres Doctrine Of American Charitable Trust Law

Posted on:2014-01-29Degree:MasterType:Thesis
Country:ChinaCandidate:H WangFull Text:PDF
GTID:2246330398961212Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As an ancient doctrine,the appliance of cy pres in the united states was strictly limited at first, then expanded,and now it is used to balance the donor intent and public policy.The research of cy pres in the united states is of great significance.The paper is going to focus on the reform of the cy pres in recent years.The article is divided into five parts.The first chapter is the preface of the article.A brief introduction of the background for choosing this field as the topic, the analysis methods used in this article, the study on the issue and signification.The second chapter of the article will focus on the principle defined in the United States, legal features, as well as three applicable conditions.The author gives a brief introduction about the development of cy pres to date.Three famous cases will be discussed in the third chapter.This chapter focuses on the change of the attitude to the cy pres. It also studies the debate surrounding the reform of the cy pres doctrine, three proposals for change,and application of cy pres to the class action.The fourth chapter will discuss the comment on trust law and the enlightenment to our country.One revelation is the change of the concept in modern property law.The other is that we can use the cy pres mainly in three laws.This article concludes that we should learn from the recent reform of the cy pres doctrine in the unite states,and study the change of the concept in modern property law,as well as how to improve our law.
Keywords/Search Tags:Charitable trust of united states, cy pres, reform
PDF Full Text Request
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