Document Type
Book Chapter
Book Authors/Editors
Robert W. Hillman and Mark J. Loewenstein, eds.
Publisher
Edward Elgar Publishing
Publication Date
2015
Abstract
The business trust arguably is the most prominent and yet enigmatic organizational form used today. The problem is that no one knows exactly how prevalent business trusts are, much less why they are the preferred vehicle for a broad and diverse range of transactions. This chapter sheds some light on the business trust by examining its early history at common law, its subsequent mutation into modern statutory and contractarian forms, as well as some of its most common functions. The more closely we scrutinize the business trust, the more apparent it becomes that the pertinent question about business trusts is not why they exist, but rather why they are not used to an even greater extent than what we suspect.
Recommended Citation
Peter B. Oh,
Business Trusts,
Research Handbook on Partnerships, LLCs and Alternative Forms of Business Organizations
268-279
(2015).
Available at:
https://scholarship.law.pitt.edu/fac_book-chapters/27
Included in
Business Administration, Management, and Operations Commons, Business Law, Public Responsibility, and Ethics Commons, Business Organizations Law Commons, Corporate Finance Commons, Industrial Organization Commons, Law and Economics Commons, Law and Society Commons, Public Law and Legal Theory Commons