István Illés: Trusts - From Civil Law Jurisdictions’ Point of View - Nr. 2012/05.
The purpose of this paper is to provide a consistent and comprehensive theory of civil law jurisdictions on trusts in a manner designed for lawyers having expertise in common law jurisdictions. Upon doing this, it investigates civil law countries traditional aversion against trusts and trusts’ alleged incompatibility with e.g. the principle of indivisibility of ownership and the numerus clausus of in rem rights. In addition, the paper tries to explain some fundamental aspects of civil law systems for common law lawyers in order to understand e.g. why civil law systems classify the beneficiary’s right to the trust assets as an in personam right.
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