Trusts Law Text and Materials

Moffat, Graham; Bean, Gerry; Dewar, John

doi:10.1017/cbo9781139051934

Cited by 9 publications

(1 citation statement)

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“…Frequently, trust researchers, while characterizing trust features, rely on four fundamental principles of trust law set forth in the Westdeutsche Landesbank Girozentrale v Isligton BC case (1996) (Moffat et al, 2005): 1) justice is based on the conscience of the proprietary right owner. In a case of trust, the conscience of the legal owner requires him to achieve the goal for which the property was transferred to him; 2) the proprietary rights owner cannot be the trust owner, after his conscience "failed" him; 3) in order to create a trust property, it must be identified; 4) the beneficiary has a property interest in the trust property in accordance with the rules of equity, since the trust establishment.…”

Section: Legal Nature Of Trustmentioning

confidence: 99%

Testamentary Fund As The Method Of Property Management In Russia And Abroad

Tsybulenko¹

2022

European Proceedings of Social and Behavioural Sciences

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As a part of the study, the authors carried out a comparative analysis of the models of organizing inheritance: a trust in the states of the Anglo-Saxon legal family, fund in the countries of the continental legal system and a testamentary fund in Russia. The article analyzes the classical and new approaches to determining the legal nature of trust, the peculiarities of fiduciary relations, as well as the role of each subject of the trust, the peculiarities of the property rights of the trustee and the beneficiary to the property transferred to the trust. The characteristic features of the foundation as a model of organizing inheritance in the states of the Romano-Germanic legal family and its differences from the trust are determined. Based on the study, the authors formulate conclusions that provide grounds for rethinking the possibility of using the institution of trust in countries of the continental system of law, particularly in Russia. As a result of the analysis of the legislative provisions governing the creation and functioning of testamentary fund relations in Russia, it can be concluded that the legal nature of such institution and its place in the system of inheritance law is an open question. Therefore, this model of regulation loses its legal certainty and its practical significance decreases. In addition, the legal status of the testamentary fund as a legal entity, taking into account its creation after the death of the testator, also needs to be specified.

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Section: Legal Nature Of Trustmentioning

confidence: 99%