Comment by David William Gruning
The literature of the trust in the common law includes numerous treatises and commentaries. The works of Scott, Bogert, Keeton, and Lewin are only a few of the many that describe and define the trust and its functions in its natural setting. Yet the literature of the trust in the civil law is formidable in its own right. Civilian writers not only describe the essence and function of the trust, but also weigh the merits of the trust as an institution, consider the myriad practical and theoretical problems attending the use of trusts in civilian jurisdictions, and assess whether a particular civilian jurisdiction can survive reception of the device—or survive without it. This comment will examine the reception of the trust in Louisiana by focusing on a single problem created by the trust in this jurisdiction: the characterization of the interest of a trust beneficiary who is also a spouse living under the legal matrimonial property regime of the community of acquets and gains.
About the Author
David William Gruning.
Citation
57 Tul. L. Rev. 89 (1982)