ОСНОВИ ТРАСТА АНГЛОСАКСОНСКОГ ПРАВА
The Basic Characteristics Of Trust In Common Law

Summary/Abstract: Trust is an original institute of English law which was established under the reign of Henry VIII, in the 16th century. Originally developed from the medieval institute of usa, this institute adjusted the formalism of the time to the real needs. It is not a result of some theoretical constructions but of practical needs. The essence of this institute is the conception according to which the trustee is the nominal owner that manages and disposes of the object put in his/her trust in favor of the beneficiary, who is the real owner or user. The basic characteristics of trust are: a balanced legal position of the trustee and the beneficiary, and a lack of strict limitations regarding the trust property and participants. These characteristics have had a significant impact on its elasticity, longevity and multiple applications. For these reasons, the institute of trust is still interesting to lawyers from the Anglo-Saxon as well as from the European-Continental legal system, particularly having in mind the proactive economic cooperation between the countries from these two legal systems.

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