Recognition of Hereditary Trusts in Countries of the Continental System of Law
The article is devoted to the analysis of the experience of recognition of hereditary trusts in countries of the continental system of law. The issue of property management and its transfer to the heirs has always been actual either in theory, or in practice. In modern society, characterized by the increasing complexity of economic relations, it is easy to imagine a situation in which institutions existing in one legal system do not coincide with those adopted in another legal system, and at the same time are used by its subjects. This situation takes place in relation to the Anglo-American trust, which is becoming increasingly popular in the continental system of law countries. Objective: To analyze the use of the trust as a mechanism of transfer of assets by inheritance, to consider the approaches of a number of countries belonging to the continental system of law to the recognition of hereditary trusts and their legal effects and also to explore the practice to establish trusts. Methods: scientific methods of analysis and synthesis, as well as special legal methods, including historical and comparative methods. Results: as an institute of common law system, trust can be used by subjects of continental system of law for different purposes, including the disposition of inheritance estate. Conclusions: prior to adoption of the Hague Convention on Trusts courts of continental law countries have tried to assimilate this institution with well-known legal structures, mainly, the contract. After the Hague Convention on Trusts came into force, a number of participants gradually expanded, and the courts of the member states of the Convention no longer needed to look for analogues of trusts in their domestic law. Due to the flexibility and advantages of the institution of trust, its following use either by the subjects of the countries belonging to the continental system of law, or in respect of property in these countries, has no doubt. Hopefully, the Russian legislator will not remain apart from the trends of trust recognition and will adjust the private international law of the Russian Federation by rules, which would regulate the status and legal effects of trust as the institution of common law system.
The book includes proceedings of the conference “Business. Society. Human” (October 30–31, 2013, Moscow) organized by National Research University Higher School of Economics. The purpose of the conference: interdisciplinary analysis of actual problems of studying business in the social sciences: the relationship between business and society; social capital and trust; business and corporate culture; individual, group and organization in business; problems and prospects of business education and business consulting, etc. The book present the results of researches of trust and social capital carried out in various countries in Europe, Asia and in Russia. Authors are well-known sociologists, psychologists and economists. The results of these researches were presented at the conference. The papers are published as they were submitted by the author.
The article presents the results of study dedicated to interrelation of trust, cooperative behavior and the size of the winning prize in the multi-way decision modified prisoner's dilemma. The experiment was organized using a specially designed computer program application. The study involved six groups of participants and each group was consisted of 7 players. The experiment consisted of a 15-series and included preliminary and final testing. The study found that the cooperative behavior within the members in the group had fallen down during the 11-series, but there was a tendency to continuously improving it. The trust level of an individual and his/her choice of cooperative strategy in the first series of the experiment are interrelated. Generalized trust is a rather stable construct, but it does not remain unchanged with the actual reduction of cooperative behavior.
This article considers the notion of categories of foreign investments and foreign investor in the International Investment Law of Russia and Kazakhstan through the prism of three levels of legal regulation – the national legislation, bilateral and multilateral international treaties. National legislation governing foreign investments, despite having based on common legal structures and instruments, in the conceptual framework may differ significantly in the recipient state of foreign investment from that one in the country of origin of a foreign investor. The analysis of investment legislation of Kazakhstan seems to be very important in this context especially after its fundamental modification by the adoption of Business Code in 2015. This circumstance is fully applicable to the legislation of Russia and Georgia, simultaneously being participants of three of the integration processes – in the framework of the CIS, the EAEU and the SCO.
The multi-author book is devoted to research challenges of regulatory role of trust and distrust in social life, that is for the first time considered to be the factor of civil society shaping. This book represents analysis of theoretical and methodological problems of trust and distrusts research, provides the research results on the role of trust in civil society life, particularly, cultural peculiarities of trust in this society. In distinct sections trust is supposed to be the factor of economic development, as well as the basis of social capital. The final section is devoted to the new research trend that is trust or distrust to social-technical systems, mass media and advertising. This multi-author book will be of use to scientists of social sciences, economics, psychology and the wide range of researchers of the humanities, particularly, philosophers, culture experts and political scientists. It contains a lot of theoretical, methodological and practical developments, that will allow to forecast future changes in trust and distrust in society and eventually make the process of shaping the trust culture in civil society more manageable.
It is known that charity, as with any social institution that depends on both external and internal factors. In this article the author analyzes the relationship of charity and the level of development of such internal factors as trust. The analysis was conducted on a global level and at regional level in Russia. The resulting lack of relationship to regional level and its presence in the world say that in Russia at the moment there is no required number of relevant data, based on which one could draw a conclusion about the level of philanthropy.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/