(Added by Act 34 of 1956)
916A.
(1) All persons capable of disposing freely of their property, may convey property, movable or immovable, to trustees by act inter vivos or by will for the benefit of any persons in whose favour they can validly dispose of their property. They may also constitute themselves, either alone or jointly with others, trustees of their own property for the benefit of other persons.
(2) Implied, constructive and resulting trusts shall arise under the law of Saint Lucia in the same circumstances as they arise under the law of England.
(3) Subject to the provisions of this Code or of any other statute the law of England for the time being in force governing the rights, powers and duties of trustees and beneficiaries under a trust shall extend to and apply in Saint Lucia.
(4) Whenever by the law of England a beneficiary of a trust is entitled to a right in equity a beneficiary shall be entitled to a like right under this Code.
(5) Notwithstanding any other provisions of this Code as to the acceptance of gifts inter vivos the acceptance of a gift by a beneficiary shall not be necessary for the creation of a valid trust.
GENERAL PROVISIONS
917. Obligations arise from contracts, quasi-contracts, delicts and quasi-delicts, and also from other sources specified in Chapter Fourth of this Book.
He or she who is subject to the obligation is called the debtor, and he or she to whom it is due is called the creditor.
The meaning of the terms obligation, contract, quasi-contract, delict, and quasi-delict is explained in article 1.
917A.
(1) Subject to the provisions of this article, from and after the coming into operation of this article the law of England for the time being relating to contracts, quasi-contracts and torts shall mutatis mutandis extend to Saint Lucia, and the provisions of articles 918 to 989 and 991 to 1132 of this Code shall as far as practicable be construed accordingly; and the said articles shall cease to be construed in accordance with the law of Lower Canada or the “Coutume de Paris”:
Provided, however, as follows:—
(a) the English doctrine of consideration shall not apply to contracts governed by the law of Saint Lucia and the term “consideration” shall have the meaning herein assigned to it;
(b) the term “consideration” when used with respect to contracts shall continue as heretofore to mean the cause or reason of entering into a contract or of incurring an obligation; and consideration may be either onerous or gratuitous;
(c) third persons shall continue to have and exercise such rights with respect to contracts as they heretofore had and enjoyed under article 962 or any other statute.
(2) Paragraph (1) of this article shall not be construed as affecting the provisions of the Ninth Chapter of this Book (which relate to Proof of Obligations), or as affecting the provisions of the Fifth to Sixteenth Books of this Part or of any other statute relating to specific contracts save in so far as the general rules relating to contracts are applicable to such contracts.
(3) Where a conflict exists between the law of England and the express provisions of this Code or of any other statute, the provisions of this Code or of such statute shall prevail. (Added by Act 34 of 1956)