ХАРМОНИЗАЦИЈА ПРОПИСА У ОБЛАСТИ ТРАСТА У ЕВРОПСКО-КОНТИНЕНТАЛНОМ И АНГЛОСАКСОНСКОМ ПРАВНОМ СИСТЕМУ
HARMONIZATION OF TRUST REGULATIONS IN THE EUROPEAN-CONTINENTAL AND ANGLO-SAXON LEGAL SYSTEMS
Author(s): Milica RistićSubject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, International Law, Human Rights and Humanitarian Law, Comparative Law
Published by: Правни факултет Универзитета у Бањој Луци
Keywords: trust; continental law; Anglosaxon law; Hague Convention on the Law Applicable to Trusts and on their Recognition; Draft Common Frame of Reference;
Summary/Abstract: In a world where there is increasing globalization and the permeation of the institutions of the once completely conflicting legal systems, the harmonization of legal rules and practices is necessary. This process has not bypassed the European Union either, where it has been particularly intense since the 1980s. However, this intertwining does not only lead to the appearance of the same solutions in once different legal systems, but very often affects the fundamental principles of each individual legal system. A good example of this is the English institute of trust, which owes its origin and development entirely to the Anglo-Saxon legal spirit, and which appears more and more often in the practice of European-continental courts. In the paper, the author gives a brief overview and analysis of the most important conventions and documents by which international actors tried to harmonize the rules regarding the recognition and application of trusts, and based on this, the author will try to predict the further fate of trusts in Euro-continental law.
Journal: Годишњак Правног факултета Универзитета у Бањој Луци
- Issue Year: 2022
- Issue No: 44
- Page Range: 23-38
- Page Count: 16
- Language: Serbian