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.
2008/11/28
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).
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).
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