The trust laws of Jersey and Malta : a civilian interpretation

Abstract

This book is a developed version of my PhD thesis accepted by the University of Edinburgh. A thesis is written over a long period. Situations and persons, including its writer, change over time. This project was born out of two factors: the first was the growing awareness by the author of the need of the law of Malta, following EU accession, to integrate with the newly acquired corpus of European Union Law - the EU was then, in many ways, a different reality from its contemporary situation. The second, going back in time, was the knowledge, developed through further research, of the influence that Scotland and Edinburgh had over the development of the Maltese Codes, during the 18th-19th century codification process. Malta could reach out to a comparable jurisdiction with a civilian heritage, within the then British Empire. The Noise of Time (Julian Barnes, 2016) changes many situations. What started as a project on European private law of securities and guarantees, transmuted into an emerging European trust analysis and then in its current version. It can be stated, in fairness, that Jersey, Guernsey, Scotland and Malta are the only three European "mixed" jurisdictions, hence the background of the thesis. [Excerpt]