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Australian trust law : ウィキペディア英語版 | Australian trust law
Australian trust law is the law of trusts as it is applied in Australia. It is derived from, and largely continues to follow, English trust law, as modified by State and Commonwealth legislation. A number of unique features of Australian trust law arise from interactions with the Australian systems of company law, family law and taxation. ==General law of trusts==
A trustee has a legal interest in the property of the trust. The beneficiary has an equitable interest. If a person holds both the legal interest and the equitable interest, then the equitable interest will cease to exist and a single legal estate will subsist.〔''DKLR Holdings Co (No 2) Pty Ltd v Commissioner of Stamp Duties (NSW)'' ; (1982) 149 CLR 431, 463〕 see also Stickney v. Keeble () AC 386 (Swarb Law UK ) Equity recognizes cases where a party places trust/confidence in another, these relationships are protected by equity and are called fiduciary relationships. The critical feature of fiduciary relationships is that the trustee undertakes to act for or on behalf of the beneficiary in the exercise of a power or discretion which will affect the interest of the trustee in a legal or practical sense.〔''Hospital Products v United States Surgical Corporation'' 〕〔''Breen v Williams'' 〕 In the exercise of a fiduciary duty, a trustee must not take a benefit from their position as trustee unless the beneficiary or beneficiaries have given their informed consent.〔''Boardman v Phipps'' . See also ''Chan v Zacharia'' 〕
抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Australian trust law」の詳細全文を読む
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