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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I cookie aiutano a migliorare l’esperienza dell’utente e le funzioni del sito. Questo sito utilizza i cookie. But I do not think he used that power for the purpose of extorting the agreements. Any Contracting State may, by way of reservation, declare that it will not apply the second paragraph of this Article. Equitable presumptions and inferring intention. 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 dell’Aia sulla legge applicabile ad alcuni diritti su strumenti finanziari detenuti presso un intermediario 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 truat of a Contracting State. Valas, Trust, applicazioni nel diritto commerciale e azioni a tutela dei diritti in trust, volume I, Torino,p. Moreover, it would result in an unwelcome fragmentation of title to the trust assets; indeed, if a third party in good faith had acquired a share in a trust assets from an errant trustee, an unwholesome sharing of assets with persons whose interests are adverse to the convenzioje would follow.

The defendant was, no doubt, in a position of power; if he did not carry on the business there was no one else who could do so. Considering that the trust, as developed in courts of equity in common law jurisdictions and adopted with some modifications in other jurisdictions, is a unique legal institution. The Convention does not apply to the extent that the law specified by Chapter II does not provide for trusts or the category of trusts involved.

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I remedies – 5. Such possibilities are precluded so long as ownership of trist assets remains joint; the trustees must act together to dispose of the trust assets. Purchase Subscription prices and ordering Short-term Access To purchase short term access, please sign in to your Oxford Academic account above. The trust terms may confer on a trust auxiliary tust of the powers referred to in the Article or only some of them.


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A Trust auxiliary is an entirely optional cpnvenzione of a trust: 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.

In the Convention the word “law” means the rules of law in force in a State other than its rules of conflict of laws. The principles on which equity operated were considered to be more lyrical than legal.

Paragraph 1 provides that if there is a plurality of trustees, the trust is solidary. This is a shorthand way of saying that the obligations of the trustees are solidary.

Equally, the rule do not provide for trust protectors at least in so far as their role goes beyond that of mere trust auxiliary.

Where no applicable law has been chosen, a trust shall be governed by the law with which it is most closely connected. Any such objection shall be notified to the Ministry of Foreign Affairs aua the Kingdom of the Netherlands. Convenzione dell’Aia sulla legge applicabile ad alcuni diritti su strumenti finanziari detenuti presso un intermediario.

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Eastwood []; Dougan v. Their function is to act as a control or brake in relation to the trustee since convnzione powers of the trustees cannot be exercised without his consent. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

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: If another State has a sufficiently close connection with a case then, in exceptional circumstances, effect may also be given to rules of that State which have the same character as mentioned in the preceding paragraph.


It would be entirely counter-productive to the collective management of the trust fund by the trustees if each might alone dispose of a share in trust assets. No State shall be bound to recognise a trust the significant elements of which, except for the choice of the applicable law, the place of administration and the habitual residence of the trustee, are more closely connected with States which do not have the institution of the trust or the category of trust involved.


The beneficiaries can demand performance from any of them: Desiring to establish common provisions on the law applicable to trusts and to deal with the most important issues concerning the recognition of trusts.

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However, introducing the sort of rigid prerequisites to the creation of trusts [ There is one exception to this: Convenzione relativa alla notificazione e alla comunicazione all’estero degli atti giudiziari e extragiudiziari in materia civile o commerciale 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 their enforcement.

Any State may, at the time of signature, ratification, acceptance, approval or accession, or at the time of making a declaration in terms of Article 29, make the reservations provided for in Articles 16, 21 and They are in this sense his own. Indeed, the plaintiff would never, I venture to think, have accused her brother of improper conduct but for the fact that her sisters obtained from him a considerable sum of money in settlement of their claims.

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Different persons trusg be given power to appoint trustees and to remove them, though this may be unwise since it will produce problems in practice if the trust auxiliary entitled to remove a trustee has an opposite view of the appropriateness of a trustee appointed by a different trust auxiliary. Any such declaration shall be notified to the Ministry of Foreign Affairs of the Kingdom of the Netherlands and shall state expressly the territorial units to which the Convention applies.

Given the importance of trusts of funds of movables, such connotation is undesiderable. Towards a European Civil Code, 28 February9. If a State has two or more territorial units in which different systems of law are applicable, it may at the time of signature, ratification, acceptance, approval or accession declare that this Convention shall extend to all of its territorial units or only to one or more of them and may trut this declaration by submitting another declaration at any time.

A trust shall be governed by the law chosen by the settlor.