The problem of the beneficial ownership of the family home has troubled courts throughout the common law world. It has proved extremely difficult "to unravel the tangled skein of human association, and apply to it considerations of legal principle." The Irish courts have had an unusually rich...

This note considers the decision of the Irish High Court in Re Prendiville (1992) which dealt with the enforcement of half-secret trusts. It confirms, in a case where the point arose for decision, that Irish law rejects “the prior acceptance rule” favoured in the English cases. The judgment...

E-commerce is overshadowing face-to-face (F2F) transactions in business-to-consumer (B2C) commerce. This benefits consumers in providing more buying options, but may leave them with no remedies when purchases go awry. This chapter therefore discusses how online dispute resolution (ODR) systems...

This article surveys the development, over the last half-century, of the law in relation to trusts of the family home in Ireland. The focus on disputes over the beneficial ownership of the family home, the most important asset owned by many families, allows a consideration of the evolution of an...

The law of trusts has spent the last twenty years rapidly shedding many traditional requirements, forms and restrictions which imposed liability on negligent trustees, protected vulnerable beneficiaries and prevented the use of trusts to avoid the claims of settlors' and beneficiaries'...

Trust is a key requirement for all electronic information and transactions, and information security is the means used establish a level of trust appropriate to the situation. Through the implementation of appropriate information security measures, businesses seek to ensure a reasonable level of...

משטר הנאמנות הישראלי שלפי חוק הנאמנות היה, בעת שנחקק, חריג בקרב משטרי הנאמנות בעולם. בניגוד לרובם המכריע של משטרים אלה, החוק התיר יצירתה של נאמנות ללא העברת הבעלות...

Trust drafting practices have changed dramatically in recent decades. A range of considerations has led to an increase in the dispositive discretions held by trustees. In some cases, the trustees' dispositive discretions effectively govern the whole trust structure, leading to what the author...

This book examines the law governing asset management in a wide range of commercial contexts across 15 jurisdictions of the European Union. The study includes the basic features of the available legal institutions (for example, whether they provide bankruptcy protection or allow free choice of...

This article considers the question of how the law should treat voluntary transfers of property from aging parents to their children. Such transfers are increasingly common in our society and may be part of an informal family agreement in which the children agree to provide and care for their...