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The cy-près doctrine ( ) is a legal doctrine that first arose in courts of equity. The legal French term literally means "so near/close" and can be translated as "as near as possible" or "as near as may be".〔Black's Law Dictionary, p. 349 (5th ed. 1979).〕 The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States. When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor to prevent the trust from failing. For example, in ''Jackson v. Phillips'',〔Edmund Jackson v. Wendell Phillips & others, (1867) 96 Mass. 539.〕 the testator (Francis Jackson) bequeathed to trustees money to be used to "create a public sentiment that will put an end to negro slavery in this country".〔Jackson v. Phillips, (1867) 96 Mass. 539, 541.〕 At Jackson's death in 1861, slavery was legal in the United States. But four years after Jackson's death, slavery was abolished by the Thirteenth Amendment, and some of Jackson's family attempted to dissolve the trust. However, the court disagreed and ordered that to best fulfill Jackson's wishes the trust should be used, cy-près, "to promote the education, support and interests of the freedmen, lately slaves, in those states in which slavery had been so abolished".〔Jackson v. Phillips, (1867) 96 Mass. 539, 597.〕 == Application in England and Wales== (詳細はEngland and Wales limited the strictness of the rules of mortmain under which property disposed of otherwise than to a legal heir was subject to forfeiture in certain circumstances. Following abolition of mortmain, the modern application of the cy-près doctrine has predominantly occurred in relation to charities, as these are the most important trusts for a general purpose (not private benefit) permitted under English law. The Charity Commission for England and Wales has the statutory power to apply the cy-près doctrine on behalf of a charity where, for example, no trustees remain in a charity or the necessary mandate cannot be agreed. These powers extend to a corporate charity or unincorporated association (which the common law rules may not cover). Similar powers apply to the equivalent bodies in Northern Ireland and Scotland. The cy-près doctrine will not be applied where a charity has alternative powers to redirect its funds under its constitution. In jurisdictions which have retained the English cy-près doctrine but do not have an equivalent state body to the Charity Commission for England and Wales (or in relation to foreign charities' assets in the United Kingdom), charity trustees may seek the approval of the Court to their entry into cy-près arrangements to avoid later accusations of breach of trust. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「The cy-près doctrine ( ) is a legal doctrine that first arose in courts of equity. The legal French term literally means "so near/close" and can be translated as "as near as possible" or "as near as may be".Black's Law Dictionary, p. 349 (5th ed. 1979). The doctrine originated in the law of charitable trusts, but has been applied in the context of class action settlements in the United States.When the original objective of the settlor or the testator became impossible, impracticable, or illegal to perform, the cy-près doctrine allows the court to amend the terms of the charitable trust as closely as possible to the original intention of the testator or settlor to prevent the trust from failing.For example, in ''Jackson v. Phillips'',Edmund Jackson v. Wendell Phillips & others, (1867) 96 Mass. 539. the testator (Francis Jackson) bequeathed to trustees money to be used to "create a public sentiment that will put an end to negro slavery in this country".Jackson v. Phillips, (1867) 96 Mass. 539, 541. At Jackson's death in 1861, slavery was legal in the United States. But four years after Jackson's death, slavery was abolished by the Thirteenth Amendment, and some of Jackson's family attempted to dissolve the trust. However, the court disagreed and ordered that to best fulfill Jackson's wishes the trust should be used, cy-près, "to promote the education, support and interests of the freedmen, lately slaves, in those states in which slavery had been so abolished".Jackson v. Phillips, (1867) 96 Mass. 539, 597.== Application in England and Wales==(詳細はCy-près doctrine in English lawを参照)The cy-près doctrine applied in England and Wales limited the strictness of the rules of mortmain under which property disposed of otherwise than to a legal heir was subject to forfeiture in certain circumstances. Following abolition of mortmain, the modern application of the cy-près doctrine has predominantly occurred in relation to charities, as these are the most important trusts for a general purpose (not private benefit) permitted under English law.The Charity Commission for England and Wales has the statutory power to apply the cy-près doctrine on behalf of a charity where, for example, no trustees remain in a charity or the necessary mandate cannot be agreed. These powers extend to a corporate charity or unincorporated association (which the common law rules may not cover). Similar powers apply to the equivalent bodies in Northern Ireland and Scotland. The cy-près doctrine will not be applied where a charity has alternative powers to redirect its funds under its constitution.In jurisdictions which have retained the English cy-près doctrine but do not have an equivalent state body to the Charity Commission for England and Wales (or in relation to foreign charities' assets in the United Kingdom), charity trustees may seek the approval of the Court to their entry into cy-près arrangements to avoid later accusations of breach of trust.」の詳細全文を読む スポンサード リンク
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