ABSTRACT

This conclusion presents some closing thoughts discussed in the preceeding chapters of this book. The focus in this book on the trust is on an important part of the law of property. English company law was formed by the decision in Saloman v Saloman 1897, which held that the commercial trusts used for investment purposes should be treated as companies with their own distinct personality. Human rights law has a similar project: to protect individuals from the evil that humans can do to one another. Creating democracy and respect for human rights, it is said, acts as a blind for opening new markets for the western capitalists. Equity exhibits a tension between order and flexibility. It supplies a conscience to our legal system in many senses: it gives private law itself a conscience by preventing strict rules from generating unfair outcomes.