ro fr
universul juridic magazin

Trust and property held in trust

The study entitled “Trust and Property Held in Trust” is meant to analyze the institution of trust, in general terms, its historical evolution from the Roman times to our days, its effects in several countries in Europe or on the American continent. In our analysis, we approached the Anglo-Saxon trust institution which is very common in United Kingdom, the United States and the Commonwealth countries, an institution which we considered as being the source of the trust regulated by certain Latin countries belonging to the European continent. We also included, in our analysis of trust, the French regulation initiated in 2007 and the regulation proposed by the Romanian New Civil Code, which is extremely similar to the French one. We predicted the effects of trust in the Romanian law, including the fiscal ones, and also made proposals for the supplementation of the tax legislation which does not cover the trust institution at present. We used very few references in our study, such scarcity being mainly the result of the fact that the institution of trust has revived after more than one thousand years when it was forgotten or emerged in a latent and shy manner under various forms.
We ventured to draw some conclusions which, however, are premature and are not validated by doctrine or case law, since the trust institution is something totally new for the Romanian law.