Title:
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Aspects of charity regulation : a comparative Anglo-American analysis
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The thesis comprises a comparative Anglo-American
analysis of two aspects of charity regulation: the
doctrine of cy-pres and the legal control of charitable
solicitations.
The first part considers the jurisdiction and scope
of the cy-pres doctrine, including its relationship to
analogous principles such as the doctrine of
approximation; the requirement of a general charitable
intention, including a critical analysis of the
distinction between initial and supervening failure; the
difficulties that arise where gifts are made to merged
charitable institutions; and a critical analysis of the
administrative structures which exist to carry the
doctrine into effect.
The second part is an analysis of the law and
practice relating to the regulation of fund-raising by
charities. It considers criteria which maybe
considered desirable goals of a solicitation system,
and, in the light of these criteria, it examines the
scope of the present regulative mechanisms in England
and Wales. It considers the experience of solicitation
laws in a number of States in the USA and constructs,
from the bases of such laws, a number of model systems
for the control of solicitations.The thesis concludes by considering, in the light of
the American experience, possible explanations for the
different legal treatment of cy-pres and solicitations
under English law, particularly from the point of view
of the intentions of charitable settlors or donors, and
the extent to which English law might learn from its
American counterpart
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