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The cy-près doctrine in English law is an element of trusts law dealing with charitable trusts. The doctrine provides that when such a trust has failed because its purposes are either impossible or cannot be fulfilled, the High Court of Justice or Charity Commission can make an order redirecting the trust's funds to the nearest possible purpose. For charities with a worth under £5,000 and no land, the trustees (by a two-thirds majority) may make the decision to redirect the trust's funds. The doctrine was initially an element of ecclesiastical law, coming from the Norman French ''cy près comme possible'' (as close as possible), but similar and possibly ancestral provisions have been found in Roman law, both in the ''Corpus Juris Civilis'' and later Byzantine law.Trusts where the doctrine is applicable are divided into two groups; those with subsequent failure, where the trust's purpose has failed after it came into operation, and initial failure, where the trust's purposes are immediately invalid. Subsequent failure cases simply require the redirection of the funds to the nearest possible purpose, since there is no question of allowing the settlor's next of kin to inherit the money. Initial failure cases, however, require not just a decision on whether the purpose has failed, but also on whether the funds should be subject to cy-près or returned to the estate in a resulting trust. This is decided based on the charitable intention of the settlor, something determined on the facts of each individual case.==Definition and origin==The cy-près doctrine is the idea that, where a charitable trust's purposes are impossible or cannot be fulfilled for whatever reason, the funds should be reapplied to purposes as close as possible to the trust's original goals. This is done through a formal application by the trustees, either to the High Court of Justice or the Charity Commission.Edwards (2007)p.240 This doctrine originated in ecclesiastical law, the name coming as a contraction of the Norman French ''cy près comme possible'' (as close as possible),Hopkins (2007) p.187 It was originally justified in an ecclesiastical way; charitable gifts were provided to secure entry into heaven, and if the charitable gift failed, this would not be guaranteed. If it was re-purposed, however, entry would be granted. The local bishop, therefore, would usually simply apply the gift to the nearest possible purpose to the testator's original goals.Garton (2007) p.135Some evidence suggests that the doctrine descends from Roman law. The ''Corpus Juris Civilis'' mentions a process that redirected money collected to celebrate a person's life in some way that violated law to a purpose within the law. It also gives a similar justification: "()t would be unjust that the amount which (testator ) has destined to that end should revert to the heirs. Therefore, let ... an investigation be made to ascertain how the trust may be employed so that the memory of the deceased may be preserved in some other and lawful manner." The Byzantine Empire used a system similar to cy-près when dealing with ''piae causae'', charitable corporations, whereby if the corporation fell its possessions were to be transferred to the Papal treasury and spent on a purpose as close as possible to that of the original corporation.Garton (2007) p.136
The cy-près doctrine in English law is an element of trusts law dealing with charitable trusts. The doctrine provides that when such a trust has failed because its purposes are either impossible or cannot be fulfilled, the High Court of Justice or Charity Commission can make an order redirecting the trust's funds to the nearest possible purpose. For charities with a worth under £5,000 and no land, the trustees (by a two-thirds majority) may make the decision to redirect the trust's funds. The doctrine was initially an element of ecclesiastical law, coming from the Norman French ''cy près comme possible'' (as close as possible), but similar and possibly ancestral provisions have been found in Roman law, both in the ''Corpus Juris Civilis'' and later Byzantine law.
Trusts where the doctrine is applicable are divided into two groups; those with subsequent failure, where the trust's purpose has failed after it came into operation, and initial failure, where the trust's purposes are immediately invalid. Subsequent failure cases simply require the redirection of the funds to the nearest possible purpose, since there is no question of allowing the settlor's next of kin to inherit the money. Initial failure cases, however, require not just a decision on whether the purpose has failed, but also on whether the funds should be subject to cy-près or returned to the estate in a resulting trust. This is decided based on the charitable intention of the settlor, something determined on the facts of each individual case.
==Definition and origin==
The cy-près doctrine is the idea that, where a charitable trust's purposes are impossible or cannot be fulfilled for whatever reason, the funds should be reapplied to purposes as close as possible to the trust's original goals. This is done through a formal application by the trustees, either to the High Court of Justice or the Charity Commission.〔Edwards (2007)p.240〕 This doctrine originated in ecclesiastical law, the name coming as a contraction of the Norman French ''cy près comme possible'' (as close as possible),〔Hopkins (2007) p.187〕 It was originally justified in an ecclesiastical way; charitable gifts were provided to secure entry into heaven, and if the charitable gift failed, this would not be guaranteed. If it was re-purposed, however, entry would be granted. The local bishop, therefore, would usually simply apply the gift to the nearest possible purpose to the testator's original goals.〔Garton (2007) p.135〕
Some evidence suggests that the doctrine descends from Roman law. The ''Corpus Juris Civilis'' mentions a process that redirected money collected to celebrate a person's life in some way that violated law to a purpose within the law. It also gives a similar justification: "()t would be unjust that the amount which (testator ) has destined to that end should revert to the heirs. Therefore, let ... an investigation be made to ascertain how the trust may be employed so that the memory of the deceased may be preserved in some other and lawful manner." The Byzantine Empire used a system similar to cy-près when dealing with ''piae causae'', charitable corporations, whereby if the corporation fell its possessions were to be transferred to the Papal treasury and spent on a purpose as close as possible to that of the original corporation.〔Garton (2007) p.136〕
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「The cy-près doctrine in English law is an element of trusts law dealing with charitable trusts. The doctrine provides that when such a trust has failed because its purposes are either impossible or cannot be fulfilled, the High Court of Justice or Charity Commission can make an order redirecting the trust's funds to the nearest possible purpose. For charities with a worth under £5,000 and no land, the trustees (by a two-thirds majority) may make the decision to redirect the trust's funds. The doctrine was initially an element of ecclesiastical law, coming from the Norman French ''cy près comme possible'' (as close as possible), but similar and possibly ancestral provisions have been found in Roman law, both in the ''Corpus Juris Civilis'' and later Byzantine law.Trusts where the doctrine is applicable are divided into two groups; those with subsequent failure, where the trust's purpose has failed after it came into operation, and initial failure, where the trust's purposes are immediately invalid. Subsequent failure cases simply require the redirection of the funds to the nearest possible purpose, since there is no question of allowing the settlor's next of kin to inherit the money. Initial failure cases, however, require not just a decision on whether the purpose has failed, but also on whether the funds should be subject to cy-près or returned to the estate in a resulting trust. This is decided based on the charitable intention of the settlor, something determined on the facts of each individual case.==Definition and origin==The cy-près doctrine is the idea that, where a charitable trust's purposes are impossible or cannot be fulfilled for whatever reason, the funds should be reapplied to purposes as close as possible to the trust's original goals. This is done through a formal application by the trustees, either to the High Court of Justice or the Charity Commission.Edwards (2007)p.240 This doctrine originated in ecclesiastical law, the name coming as a contraction of the Norman French ''cy près comme possible'' (as close as possible),Hopkins (2007) p.187 It was originally justified in an ecclesiastical way; charitable gifts were provided to secure entry into heaven, and if the charitable gift failed, this would not be guaranteed. If it was re-purposed, however, entry would be granted. The local bishop, therefore, would usually simply apply the gift to the nearest possible purpose to the testator's original goals.Garton (2007) p.135Some evidence suggests that the doctrine descends from Roman law. The ''Corpus Juris Civilis'' mentions a process that redirected money collected to celebrate a person's life in some way that violated law to a purpose within the law. It also gives a similar justification: "()t would be unjust that the amount which (testator ) has destined to that end should revert to the heirs. Therefore, let ... an investigation be made to ascertain how the trust may be employed so that the memory of the deceased may be preserved in some other and lawful manner." The Byzantine Empire used a system similar to cy-près when dealing with ''piae causae'', charitable corporations, whereby if the corporation fell its possessions were to be transferred to the Papal treasury and spent on a purpose as close as possible to that of the original corporation.Garton (2007) p.136」の詳細全文を読む
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