Article | Fiduciary Ownership in Ukraine: European Standards and Prospects |
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Authors | Maydanyk R. |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 2 / 2014 |
Pages | 105 - 113 |
Annotation | International standards of the fiduciary ownership in the European law based on the Model Rules of European Private Law (Draft Common Frame of Reference) are covered in the article. The author investigates the prospects for introduction of fiduciary in Ukrainian law as a framework of target property rights inherent to continental law and orders, and takes into account the functional features of English trust and continental concept of sole ownership encumbered by fiduciary obligation to act in another's interest (beneficiary). It is noted that the lack of legally secured civil and legal principles of legal construction is a drawback of modern Ukrainian legislation on trust funds. The author suggested amending Chapter «Fiduciary and fiduciary ownership» to the Civil Code of Ukraine in which the key provisions of fiduciary should be identified. |
Keywords | fiduciary ownership, trust, founder, trustee, beneficiary, trust assistant, trust transaction, fiduciary, fiduciary agreement, fiduciary management, to ensure fiduciary. |
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