UDC 338.31
Authors
Davydov V. S., lawyer, independent member of the board of directors of the law firm DCC Ou
Vikhorev D. I., corporate human rights lawyer
Abstract
The theory of law distinguishes between legal structures of trust and trust. A trust is an institution that was not originally characteristic of the continental system of law (which includes Russian civil law). It came from the structures of proprietary and obligatory
rights that apply in the law characteristic of the common law (common law) system. Currently, in the conditions of market development and the globalization of the economy, there is not a single country in the world where generally accepted legal systems are presented in a pure form, but the world is still divided into jurisdictions in which the common law system and countries with a continental law system prevail. Many institutions that are useful for the economy are incorporated between these countries with varying degrees of success, as a result of which the institutions of one system can appear in another system. The trust, which, as a rule, in legal systems based on continental law, is presented in the form of trust management, did not escape this. However, many scholars and lawyers consider these two institutions to be very different. In addition, there are jurisdictions in which both institutions are represented simultaneously.
Keywords
trust, trust management, business, institute of protection, risks.
