The true legal regime of trust, pool fiduciaire, and of fiducie. English law in the area of civil law?

Abstract

Several continental European states tried to integrate the Anglo-Saxon legal institution of trust into their Civil law, although they share different perspectives, which often makes this legal transplant an artificial one. This study aims to illustrate the real rights regarding the assets placed into a trust. We analysed the trust interno in Italian law; the fiduciary fund in the Czech Republic, Lithuania and Hungary, the French fiducie and the transfer as warranty under the German law. The conclusion of this study is that the trust institution cannot be integrated into continental law systems, mainly due to equity, another legal institution, specific to the Anglo-Saxon law, which is absent in the analysed legal systems.