Unraveling the Trust Doctrine: A Historical and Comparative Analysis of its Origins, Evolution, and Transformative Role in English and Ugandan Law as a Mechanism for Wealth, Social Justice, and Fiduciary Obligations, 2024
This paper critically examines the legal doctrine of trusts, exploring its origins, development, ... more This paper critically examines the legal doctrine of trusts, exploring its origins, development, and multifaceted role within English and Ugandan legal systems. Rooted in medieval England, the trust emerged as a legal innovation that separated legal and equitable ownership, allowing for the structured management of property beyond the constraints of common law. Through a comprehensive analysis, the paper traces the trust's historical trajectory, considering its social, economic, and legal motivations, including influences from the Crusades and Roman law. With reference to statutory frameworks, landmark cases, and scholarly interpretations, it elucidates the trust's transformation into a versatile tool for wealth preservation, estate management, and social responsibility. The paper further contextualizes the doctrine's reception and adaptation in Uganda, focusing on colonial-era legal structures and contemporary applications in land tenure and pension management. By comparing English and Ugandan perspectives, this study underscores the trust's enduring relevance as an equitable mechanism for securing rights and promoting fiduciary obligations in changing legal landscapes
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