2008/11/28

Extra edition No.2 I'm tied up.

I have been tied up all this month.
I came to serve on the Comparative Legal System Research Committee, which is the committee of Shiho-Shoshi Research Institute in Japan Federation of Shiho-Shoshi Associations(the Association).
I will research the real estate law system Maybe in California and New York.
On short notice of the different organ in the Association, I had to research the lawyer’s ethics in above two states and report.
It was the biggest benefit of this month for me to be lectured about self-declaration of trust by Professor Hiroyuki Kansaku, of University of Tokyo, although he is specialized in commercial trust.
I was impressed with his lecture that was backed up by historical fact and philosophy.It helped me solve two important problems in Japanese Trust law.
にほんブログ村 士業ブログ 司法書士へ
にほんブログ村 英語ブログ 英語の日記へ

2008/11/06

Japanese Trust Law No2 Self-Declaration of Trust

There is no probate procedure in Japan as I mentioned on Oct.14th, 2008(Japanese Trust Law No.1).
Therefore some lawyer takes the ground that, in most cases, the self- Declaration of Trust is not needed and just the written will suffice as estate planning except Japanese springing power of attorney for finance (Seinen-Koken-nin).
But, the property management function of trust is very useful and they are with me on that.

A college professor said, “In order for the trust property to be managed flexibly, the self-Declaration of Trust may be needed, if the settler is appropriate to the property manager.” (in a Judicial Affairs Committee on Oct.31,2006).
にほんブログ村 英語ブログ 英語の日記へ
にほんブログ村 士業ブログ 司法書士へ