The reception of trust in different legal systems

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Vietnam is rapidly emerging as a key economy in Southeast Asia, yet its legal framework struggles with unique challenges, particularly in relation to the Common law concept of Trust, which remains largely unfamiliar in the country. The lack of experience in navigating conflicts of law with Common law systems exacerbates this issue. Consequently, Vietnam faces difficulties in addressing problems related to the recognition of Trust, as its own legal system offers limited guidance. In contrast, countries with civil private law systems that have established connections with Common law can provide valuable insights, having accumulated experience in Trust law. This thesis aims to create a foundation for introducing Trust law in Vietnam, drawing lessons from various legal systems, including England (Common law), Italy, France, and Germany (pure Civil law), as well as South Africa, Scotland, Quebec (mixed systems), and China (socialist legal system). By examining the evolution of Trust law in these jurisdictions, the thesis identifies the driving forces behind its adoption, the challenges encountered, and the methods employed in its enactment. A suitable approach for Vietnam is proposed, along with a draft Trust law. The insights gained from this study may also benefit other nations facing similar legal challenges in integrating Trust law into their systems.