2, ; G Broggini “Folgen der Ratifikation des Trusts—Übereinkommens in 27 –31); M Lupoi Introduzione ai Trusts: Diritto Inglese, Convenzione dell’Aja. Convenzione dell’Aja sugli aspetti civili della sottrazione internazionale di minori Convenzione relativa alla legge applicabile ai trust ed al loro riconoscimento. Ratifica ed esecuzione della convenzione sulla legge applicabile ai trusts e sul loro riconoscimento, adottata da L’Aja il 1° luglio

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Book Reviews | Trusts & Trustees | Oxford Academic

Any Contracting State may at any time withdraw a reservation which it has made; the reservation shall cease to have effect on the first day of the third calendar month after notification of the withdrawal. In so far as the law applicable to the trust requires or provides, such recognition shall imply, in particular. The rules do not contain a special regime recognising other trusts to be enforced by persons nominated under the trust terms for that purpose because there is otherwise no person with a sufficient duty or interest in cobvenzione enforcement.

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Any Contracting State may reserve the right to apply the provisions of Chapter III only to trusts the validity of which is governed by the law of a Contracting State. Trustee Actartt. Corrupted fiduciaries; law of bribery extends to non-monetary bribes. The scope of powers will be determined by the trust terms.

The person entitled to enforce the trust is either the beneficiary who enforces out of self-interest or, in the case of trusts for public benefit purposes, a public officer or body enforcing out of a public duty or a sufficiently interested person again enforcing out of interest: Close mobile search navigation Article navigation.


For example, the traditional classification of trusts, as express, implied, resulting, or constructive, makes it hard to compare the creation of trusts with the creation of other legal rights and obligations.

Their function is to act as a control or brake in relation to the trustee since critical powers of the trustees cannot be exercised without his consent. Co-ownership in the form of undivided shares is ill-suited to trustees.


In relation to this trust, that would have meant a review carried out at least annually, and whenever else a reappraisal of the trust portfolio was requested or was otherwise requisite. National Westminster Bank []. Receive exclusive offers and updates from Oxford Academic. A trust shall be governed by the law chosen by the settlor.

Towards a European Civil Code, 28 February9. Convenzione dell’Aja sugli aspetti civili della sottrazione internazionale di minori For the purpose of identifying the law applicable under the Convention, where a State comprises several territorial units each of which has its own rules of law in respect of trusts, any reference to the law of that State is to be construed as referring to the law in force in the territorial unit in question.

The principles on which equity operated were considered to be more lyrical than legal. To purchase short term access, please sign aha to your Oxford Academic account above.

The reservation by the settlor of certain rights and powers, and the fact that the trustee may himself have rights as a beneficiary, are not necessarily inconsistent with the existence of a trust. Any other State may accede to the Convention after it has entered into force in accordance with Article 30, paragraph 1. The beneficiaries can demand performance from any of them: Text of the Convention in PDF.


This may seem hard, that the trustee is the only person of all mankind who might not have the lease: However, a Contracting State may reserve the right not to apply the Convention to trusts created before the date on which, in relation to that State, the Convention enters into force. Convenzione sull’assunzione all’estero delle prove in materia civile o commerciale Valas, Trust, applicazioni nel diritto commerciale e azioni a tutela dei diritti in trust, volume II, Torino,p.

It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. As considered in earlier chapters, principally Chapter 7, the trusts imposed ny equity are institutional and not remedial. Any Contracting State may, at any time, declare that the provisions of the Convention will be extended to trusts declared by judicial decisions.

This principle has the effect of keeping the assets vested in the persons and only the persons who were intended to administer the assets as the trustees. The law specified by Article 6 or 7 shall govern the validity of the trust, its construction, its tdust, and the administration of the trust.

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