Гаагская конвенция о праве, применимом к трастам, и их признании

Журнал зарубежного законодательства и сравнительного правоведения. 2016. № 5. С. 44–48.

Kasatkina A.

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. As can be seen from the analysis of foreign legislation, increasing development among the usual organizational legal forms of legal entities received by the trust. And there is a reason. Trust - is a special institution that provides extremely flexible mechanism for managing the property in which you can save individualistic beginning. To date, the trust becomes one of the most attractive investment vehicles, that is why so many scientists, politicians and economists are paying him more attention. Therefore analysis of the Hague Convention on the law applicable to trusts and their recognition is of great importance. The Convention is somehow a compromise between the two legal systems and constitutes a very convenient way for reception of trust into the civil law states. Research main characteristics of trust might be relevant for our country as well, because soon or later, Russian legislator will have to decide whether to allow the trust in the domestic legislation.

Keywords: Российская Федерация, recognition, common law, применимое право, признание, траст, applicable law, Гаагская конвенция, Trust, the Hague Convention, roman system of law, англо-саксонская система права, романно-германская система права, Russian Federation