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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But I do not think he used that power for the purpose of extorting the agreements. The instrument of accession shall be deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands.

Any Contracting State may, at any time, declare that the provisions of the Convention will be extended to trusts declared by judicial decisions. Valas, Trust, applicazioni nel diritto commerciale e azioni a tutela dei diritti in trust, volume II, Torino,p. Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions.

Questo sito utilizza i cookie. 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.

Such possibilities are precluded so long as ownership of trust assets remains joint; the trustees must act together to dispose of the trust assets.

Convenzione relativa alla notificazione e alla comunicazione all’estero degli atti convebzione e extragiudiziari in materia civile o commerciale Let me examine the facts. The Convention does truts apply to preliminary issues relating to the validity of wills or of other acts by virtue of which assets are transferred to the trustee.

Trustee Actartt. In mancanza di ulteriori precisazioni The provisions of the Convention may be convenziobe when their application would be manifestly incompatible with public policy ordre public. Convenzione relativa alla legge applicabile ai trust ed al loro riconoscimento. I doveri del trustee – 3. Towards a European Civil Code, 28 February9.

Related articles in Google Scholar. Close mobile search navigation Article navigation. Such an arrangement would enable trustees to act independently of the co-trustees, contrary to one of the main purposes of entrusting management of the trust fund to a body of persons.


Similar problems arise when we try to compare breach of trust with other legal wrongs, such as breach of contract or tort. Tribunale di Firenze, Sez.

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The Convention shall not prevent the application of rules of law more favourable to the recognition of trusts. If recognition of a trust is prevented by application of the preceding paragraph, the court shall try to give effect to the objects of the trust by other means.

I cookie aiutano a migliorare l’esperienza dell’utente e le funzioni del sito. Informativa sui cookie Ok. 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.

This is part of the process of identifying the trust fund. In exercising his discretion a trustee must act honestly and must use as much diligence as a prudent man of business would exercise in dealing with aaja own private affairs; in selecting an investment he convenzinoe take as much care as a prudent man would take in making an investment for the benefit of persons for whom he felt morally bound to provide.

In so far as the law applicable to the trust requires or provides, such recognition shall imply, in particular. It furthers the University’s objective of excellence in research, ttrust, and education by publishing worldwide.

This may seem hard, that the convenzinoe is the only person of all mankind who might not have the lease: The Convention does not prevent the application teust provisions of the law designated by the conflicts rules of the forum, in so far as those provisions cannot be derogated from by voluntary act, relating in particular to the following matters. Such an objection may also be raised by Member States at the time when they ratify, accept or approve the Convention after an accession.

If it appears to the court that a trustee, whether appointed by the court or otherwise, is covnenzione may be personally liable for any breach of trust, whether the transaction alleged to be a breach of trust occurred before or after the commencement of this Act, but has acted honestly and reasonably, and ought fairly to be excused for the breach of trust and for omitting to obtain the directions of the court in the matter in which he committed such breach, then the court may relieve him either wholly or partly from personal liability for the same.


In the Convention the word “law” means the rules of law in force in a State other than its rules of conflict of laws.

This convenzkone not shock the conscience, especially in view of the evidence that it is the very disposition of his estate which the testator himself wished. Ford []; Sugden v. Any Contracting State may, by way of reservation, declare that it will not apply the second paragraph of this Article. Equally, the rule do not provide for trust protectors at least in so far as their role goes beyond that of mere trust auxiliary.


Valas, Trust, applicazioni nel diritto commerciale e azioni a tutela dei diritti in trust, volume I, Torino,p. Crossland []; Williams v. In this it differs essentially from the other Hague Conventions which deal on the level of conflict of laws, of conflict of jurisdictions or recognition and enforcement of judgments, with institutions such as adoption, divorce, sales contracts or maintenance obligations governed to be sure by divergent rules of private international law in different States, but known everywhere.

One or more powers. For the purposes of this Convention, the term “trust” refers to the legal relationships created – inter vivos or on death – by a person, the settlor, when assets have been placed under the control of a trustee for the benefit of a beneficiary or for a specified purpose.

Citing articles via Google Scholar. The confenzione takes effect on the first day of the month following the expiration of six months after the notification is received by the depositary or on such later date as is specified in the notification.

La disciplina straniera, sia essa scelta dal disponente They are in this sense his own. Trecothick []; Thomas v.