
Contents
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I. Introduction I. Introduction
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II. Before Union: 1806–1910 II. Before Union: 1806–1910
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1. The Cape 1. The Cape
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2. Natal 2. Natal
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3. The Orange Free State 3. The Orange Free State
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4. The South African Republic and the Transvaal 4. The South African Republic and the Transvaal
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5. Summary of developments to 1910 5. Summary of developments to 1910
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III. Union And Republic: 1910–94 III. Union And Republic: 1910–94
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1. Legislative control over trusts 1. Legislative control over trusts
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2. Judicial developments in the law of trusts 2. Judicial developments in the law of trusts
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(a). Life interests (a). Life interests
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(b). Powers of appointment (b). Powers of appointment
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(c). Inter vivos trusts (c). Inter vivos trusts
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(d). Separation of the trust estate (d). Separation of the trust estate
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3. New functions of trusts 3. New functions of trusts
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Cite
Abstract
The English trust is an institution by which a trustee has the title to property which he holds or administers for another, the beneficiary, or for an abstract purpose. Trust has taken root in South Africa but not in its English form. It has a modified shape that serves most of its functions in Anglo-American law. However, it is subject to closer state control than the English trust, and has been pruned of some peripheral features of English trust law that are ill-adapted to local conditions. It has never been seriously suggested that South Africa would wholly reject the trust. In the upshot the South African trust is an evolutionary hybrid, but in the path it has followed it is unique among civil law systems.
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