oa Comparative and International Law Journal of Southern Africa - Comparative aspects of the rights of the beneficiary in the South African trust
Before the question of the possibility of reception of the trust in civil law can be considered, the basic problem that must be dealt with is that of the distinction between legal and equitable ownership. It is hardly possible to consider the civilian approach to trust ownership questions until it is decided whether the terms legal and equitable ownership can be validly used in a comparative sense. Frequently the assertion is made that it is futile to attempt to introduce the notion of trust into civilian systems as the entire idea depends to so great an extent on the law/equity distinction, and that any system to which this distinction is foreign cannot be expected to accommodate the trust.
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