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A considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrêts and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index
The monograph covers main aspects of the land and property law applicable in England, Wales, Northern Ireland, British Overseas Territories, Crown Dependencies, some countries of the Сommonwealth Caribbean, the Republic of Ireland, the Republic of Cyprus, the Commonwealth of Australia, New Zealand and island countries of Oceania, the United States of America, and Canada. Concepts which consider legal notions “land”, “real property”, “legal real estate” meaning are analyzed. Characteristics of titles to land and interests as to the land, of the law “landlord - tenant”, of the concurrent ownership are given. The essence of the doctrines of violating the boundaries of ownership, causing private inconveniences, taking possession of land by a person who does not have a title to it is revealed are considered. The monograph is targeted to students, graduate students and teachers of law schools, employees of legislative, executive and judicial authorities, as well as for all those interested in land, civil law and comparative legal studies.
This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.
Increasing numbers of people have connections with one country, but live and work in another, frequently owning property or investments in several countries. As such, international aspects arise in an increasing number of estates. Different countries may have separate arrangements for ownership, taxation, and succession. International Succession equips practitioners with the information necessary to navigate problems involving these different systems. Although lawyers would often advise only on the law of the jurisdictions in which they are based, seeking advice from lawyers in other countries, this book will save the practitioner the time - and expense - of ascertaining the basics concerning the inheritance systems in different countries, offering clear and easy to use information on the laws of inheritance and succession. Each country's report is based on responses to a comprehensive questionnaire that considers the practical issues arising from the jurisdiction's individual laws, making it easy for users to make specific comparisons between the laws of one country and another. The book covers over fifty countries with entries written by experts from each country, making it an invaluable resource for the busy practitioner. This title is an improved and expanded version of International Succession, edited by Louis Garb and published by Kluwer Law International, 2004. This edition, published in hardback form, will also be supplemented annually in between editions to update the individual country entries.