The recognition of trusts and the proposal for a trust law in Switzerland
Tortora, Noemi (A.A. 2023/2024) The recognition of trusts and the proposal for a trust law in Switzerland. Tesi di Laurea in Diritto privato comparato, Luiss Guido Carli, relatore Barbara Santa De Donno, pp. 185. [Single Cycle Master's Degree Thesis]
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Abstract/Index
The trust in English law. The historical origin and evolution of the trust. The concept of modern trust. Main aspects: individuals, subject, and object of the trust. Main types of trusts and trust-related parties. Modern uses for trusts. Potential for illicit applications due to its basic features. Recognition of the English trust in Europe and civil law system. The pre-convention period in civilian jurisdictions: legislation pertaining to disputes and the non-recognition of trusts in their current form. The formulation of the Hague convention: challenges faced during its drafting. The principal features of the hague convention. The principal features of the hague convention: the trust definition. The principal features of the hague convention: the chosen applicable law. The principal features of the hague convention: the principle of recognition. The principal features of the hague convention: an open and universal convention. The application of the convention to different types of trust: expressed trust, resulting trust, constructing trust and statutory trust. The hague convention: conclusion, updates, and possible future works. Trust in Swiss law. Recognition of trusts in Switzerland prior to the ratification of the hague trusts convention. Compatibility of the convention with the Swiss legal order. Recognition of trusts in Switzerland under the hague trusts convention. Recognition of trusts in Switzerland today: current legislation. Application of the trust concept: a selection of recent Swiss cases in real estate. Differences between trusts and Swiss legal instruments: foundations. Heading towards a Swiss trust law. The proposal for Swiss trust. Reasons behind the proposal of a Swiss trust and amendment in Swiss civil law: estate planning. The preceding parliamentary interventions on trusts made by the Swiss parliament. Solutions examined and solution chosen: adoption of the trust in the Swiss legal. The proposal for the introduction of Swiss trust: deposition of motion 18.3383. Proposed regulation for the codification of the trust in the co: trust as a legal instrument sui generis. Administrative burden and feasibility. Results of the consultation procedure: rejection of the proposal. Reasons behind the rejection. Analysis of the verdict on the dismissal of motion 18.3383 and potential future opportunities for Swiss legislation.
References
Bibliografia: pp. 177-180.
| Thesis Type: | Single Cycle Master's Degree Thesis |
|---|---|
| Institution: | Luiss Guido Carli |
| Degree Program: | Single Cycle Master's Degree Programs > Single Cycle Master's Degree Program in Law (LMG-01) |
| Chair: | Diritto privato comparato |
| Thesis Supervisor: | De Donno, Barbara Santa |
| Thesis Co-Supervisor: | Ventura, Livia |
| Academic Year: | 2023/2024 |
| Session: | Autumn |
| Deposited by: | Alessandro Perfetti |
| Date Deposited: | 08 Apr 2025 10:27 |
| Last Modified: | 08 Apr 2025 10:27 |
| URI: | https://tesi.luiss.it/id/eprint/41678 |
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