Article on On the Boundaries of the Property Law – Trust in a Civil Law System

Aleksander Grebieniow published an Article entitled, On the Boundaries of the Property Law – Trust in a Civil Law System, Wills, Trusts, & Estates Law eJournal (2018). Provided below is an abstract of the Article:

The trust ia a perfect example of a legal transplant between the common law and the civil law systems. It’s a creation of Equity, which refers to a fiduciary transfer of ownership. A settlor transfers certain goods to the trustee, who acquires the ownership fiduciae causa and is obliged to administer them to the benefit of the settlor itself or of a beneficiary. The particularity of the Trust founds its roots in the ambiguity of its classification, dependent on which Law System it is applied in. In the anglosaxon countries this institution belongs purely to the branch of the Real Law. However, on the Continent it is being considered as a part of the Law of Obligations. To the desire of the harmonisation of laws, a conclusion of the Convention on the Law Applicable to Trusts and on their Recognition from 1st July 1985 (Aia Convention) took place and made it possible for the Trusts to operate beyond the Common Law countries, but caused certain practical problems. The author aims to present the clash of legal systems, which may be useful to define the trust’s nature.