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10.5593/sgemsocial2018H/11/S02.036

RECOGNITION OF TRUST INSTRUMENT IN THE CONTINENTAL LAW SYSTEM COUNTRIES AND POSSIBLE INTRODUCTION IN LATVIA

J. Grasis
Tuesday 10 April 2018 by lib_admin

References: 5th International Multidisciplinary Scientific Conference on Social Sciences and Arts SGEM 2018, www.sgemvienna.org, SGEM2018 Vienna ART Conference Proceedings, ISBN 978-619-7408-30-0 / ISSN 2367-5659, 19 - 21 March, 2018, Vol. 5, Issue 1.1; 277-284 pp, DOI: 10.5593/sgemsocial2018H/11/S02.036

ABSTRACT

The main aim of the article is to study and analyze the theoretical and practical issues of the trust essence, including the Continental law system countries, and what future development could be in Latvia taking into the account practice of the another European countries. Within the process of the research Latvian and foreign legal acts were analyzed, case – law were used and literature in Latvian, English, Russian, German, French and some other languages were looked through. There are used comparative, historical, analytical, analyze of the practice and inductive method in the research. By comparative method the trust instrument and trust – like analogous instruments compared in the different law system countries. Historical method is used in order to understand historical development of the trust and tendencies of the legal conceptions. The analytical research method is used describing some aspects of the trust elements. The method of the court practice analyze was used looking through the decisions of the courts of the Republic of Latvia and other countries. Inductive research method was used in order to describe the conclusions arising during the elaboration of the research. Considering that trust instrument is not incompatible with Continental law system, the author is of the opinion that special law on trusts for the needs of the credit institutions should be passed in Latvia. Author has given the basic guidelines of draft trust law.

Keywords: trust, fiduciary property, Continental law countries, recognition


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