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Thread: Law of Trusts

  1. #131
    Agreed;


    But you can have private law by agreement. It is just not reproducible. - Likely why you will not show us any examples of how it works.

  2. #132
    Quote Originally Posted by motla68 View Post
    Shikamaru,

    Yes, this is the distinction I was trying to make clear, where duty is vested.
    Earlier in this thread you quoted:
    " The authority to enforce a duty comes from the power of the government."
    IF one exists in a civil society with its law courts AND
    IF there is a duty owed you by someone else, you take your claim to that court in order to use the force of law to enforce your claim.
    I hope that clears up the confusion concerning the statement above.

    Quote Originally Posted by motla68
    What we claim has attachments to us, are you saying your God and that your perfect?
    I'm going to recommend to you that you make greater use of inquiry. Clear up your confusion before moving forward.

    Quote Originally Posted by motla68
    I would hope your not this conceited.
    I'm hoping you address and clear up your confusion first.

    Quote Originally Posted by motla68
    So now what is your law? that would be natural law correct?
    I'm not claiming any law personally. Simply relaying from all that I have studied.

    Quote Originally Posted by motla68
    IF your law is natural law when you use a law created by another entity it then comes to you as a benefit accepted as value.
    There is some value to this statement.

    Quote Originally Posted by motla68
    We our are own worst enemy,
    think about it before replying again.
    More inquiry, less snark. Thanks.
    Last edited by shikamaru; 07-25-11 at 12:23 AM.

  3. #133
    What is implied in the law of trusts particularly with regard to the relationship between the trustee and the beneficiary is the Law of Agency.

    This is hidden.

    The law of agency involves two parties only: the principal and the agent. The agent is also the fiduciary.

    Overlaying the above functionaries with the parties to a trust, the principal is the beneficiary and the trustee the agent (fiduciary).

  4. #134
    Bailment is another fiduciary relationship worthy of note.

  5. #135
    Quote Originally Posted by shikamaru View Post
    Bailment is another fiduciary relationship worthy of note.

    Bail.

  6. #136
    Quote Originally Posted by David Merrill View Post
    Think about it with banks ....

    You as depositor (bailor) give your property to the bank (bailee) for safe storage and keeping.

    The only difference in this relationship between a traditional bailment relationship is that the legal title of the notes transfers to the bank leaving you with an equitable right to retrieve FRNs from your account with the bank.

    An account is a chose in action. A chose in action is the right to sue for recovery of a debt. Chose is French meaning "thing". An action is a legal suit.
    Last edited by shikamaru; 04-19-13 at 07:51 PM.

  7. #137
    I believe it helps to study Land Law and property law first before studying trusts.

    Also, keep jural relationships with their respective parties in mind.

    A study of the Law of Agency will aide in the study of trusts.
    Last edited by shikamaru; 04-19-13 at 07:51 PM.

  8. #138
    Quote Originally Posted by Michael Joseph View Post
    Where dear reader is the ORIGINAL TRUST DEED? The Act specifically is what we are after that conveyed all Real Property into Trust?
    Found one: http://www.harwoodandrews.com.au/res..._July_2007.pdf

  9. #139
    Senior Member Michael Joseph's Avatar
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  10. #140

    Re: What "Real" property is

    Hello all-
    It has always struck me that "real" is close to "regal", and look what I found on wikipedia:

    "Real
    Etymology 2

    From Spanish real ?(“royal”), from Latin r?g?lis ?(“regal, royal”)."

    So real estate is royal property, the king's or queen's property.

    Then there is the description of real property as "immovable"... I think that is because the title never moves "out of state". Meaning they don't let go of it, and we only have right to use it.

    Beneficial interest in a trust is considered personal property... so it seems there would be no interest in real estate by the beneficiaries.

    Does this ring true to you?

    Thanks--

    Y
    commonlawman.wordpress.com

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