INTRODUCTION
The trust, in the words of the great English legal historian Frederic Maitland, is ‘the most distinctive achievement of English lawyers’. Konrad Zweigert and Hein Kötz note that the trust – ‘better than almost any other legal institution’ – demonstrates ‘the special style of the Common Law’. To speak then of trusts in non-common law jurisdictions seems to be guilty, at first glance, of a contradiction. On further reflection and study, however, it is obvious that the common law trust, by virtue of functional analogue, transplant, or forced recognition from private international law, has seeped into non-common law jurisdictions. Louisiana, a state with a civil law heritage and mixed legal system, is no exception. Before undertaking an excursus on the Louisiana trust, some background is helpful …
Ronald J Scalise, Trusts in Non-Common Law Jurisdictions: The Louisiana Experience, American Journal of Comparative Law, volume 74, issue Supplement_1, pages i74-i96, 2026. Published: 24 September 2026.
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