scholarly journals AGREEMENT AS A BASIS FOR THE RIGHT OF TRUST PROPERTY

2021 ◽  
pp. 217-219
Author(s):  
O.V. Ilkiv
Keyword(s):  
Trust Property ◽  
The Right

9. Trusts of land

2020 ◽  
pp. 128-142
Author(s):  
Victoria Sayles
Keyword(s):  
Interested Party ◽  
Essential Information ◽  
Trust Property ◽  
The Creation ◽  
The Right ◽  
Trust Of Land

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses trusts of land. The creation of concurrent interests in land generally now occurs by way of a trust of land, governed by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and replacing their forerunner, trusts for sale. Trusts of land may be expressly or impliedly created and, where implied, may be resulting or constructive trusts. Key provisions of TLATA 1996 include: ss 6–8 governing the extent of trustees’ powers over the trust property; s 11 governing the circumstances in which trustees have a duty to consult beneficiaries when exercising their powers; ss 12–13 governing the rights of beneficiaries to occupy the trust property; and ss 14–15 governing the right of an interested party to make an application to the court for an order to resolve a dispute over trust land.

scholarly journals The Trust Property Law: integration of obligatory and proprietary elements

2020 ◽  
pp. 84-93
Author(s):  
Oksana Kiriiak
Keyword(s):  
Civil Law ◽  
Careful Analysis ◽  
Legal Regulation ◽  
Property Law ◽  
Trust Relationship ◽  
Theoretical Approaches ◽  
Legal Obligations ◽  
Trust Property ◽  
Definition Of ◽  
The Right

The article examines the complex institution of civil law of Ukraine «the right of trust», which combines the features of classical property and legal obligations. The study of trust property right should be considered as a new main highway direction in the whole science of civil law. At the same time, the lack of thorough research on the issues of empirical awareness and practical application of trust property law does not allow this article to cover all the problematic aspects of the implementation of this institution. In this regard, the author deliberately narrows the object of research to the analysis of various theoretical approaches to understanding the essence of trust property at the present stage, which, in our view, is crucial for the formation of the vector of further research in this area. The implementation of a new comprehensive institution of trust property inevitably requires immediate editorial transformation of legislative acts, which is unjustified without thoughtful borrowing of foreign experience in legal regulation of the studied relations, including in its historical retrospect, careful analysis of all errors and «non-working» norms that have been made in recent years in the law of foreign countries. As a result of the analysis, three main scientific and theoretical approaches to the definition of the essence of the right of trust were identified: 1. Obligatory approach (from the Latin obligatoria – obligations, security), whose representatives defend the view that a trust relationship, as binding, is characterized by the satisfaction of the interests of the authorized person by committing certain mandatory actions related party in respect of certain property belonging to the principal. 2. Respossessional approach (from the Latin res – thing, possessio – possession), whose representatives emphasize the purely material nature of trust, because, according to them, the powers of the trust owner, which is opposed by an indefinite number of persons constructed according to the scheme, which is similar to the powers of the owner and therefore can’tbe anything other than limited property rights. 3. Combinatorial approach (from the Latin combinant –- to combine, combine), whose representatives emphasize that the relationship of trust is currently at the junction of binding and material relations and therefore all the arguments of connoisseurs of previous trends here offer to use not as mutually exclusive or contradictory, but, conversely, complementary criteria. Key words: trust property, the right of trust property, trust relationship, property relationship, legal relationship.

scholarly journals The right to property and the right of trust property (on the way to recodification of the civil legislation of Ukraine)

2021 ◽  
pp. 69-75
Author(s):  
O. M. Soloviov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Tax Evasion ◽  
Civil Law ◽  
Regulatory Function ◽  
Legal Institution ◽  
Negative Experience ◽  
History Of ◽  
Trust Property ◽  
The Right

The article examines the socio-economic background of the introduction of trust and other trust-like structures in the legislation of Ukraine. As a result of considering the history of the origin of the institution of trust and a systematic analysis of the provisions of domestic civil legislation, reasoned conclusions were formulated on the issues studied. The given short historical retrospective of attempts to introduce trust property and trust-like constructions into the legislation of Ukraine allows to state that they almost always led to "unworthy", negative social, financial and economic results. The question of the purpose of ignoring one's own negative experience of implementing trust-like structures in the domestic civil legislation is reasonable. Isn't it better, remembering the functions of the science of civil law, to draw the right conclusions from this experience and rely on them in their further law-making activities?! The article draws attention to the experience of using the construction of trust and trust property in the Anglo-American legal system (which, unlike ours, is calculated for centuries), and establishes that this legal institution in addition to legitimate purposes (which are charity, preservation of property from waste, formation of pension funds, etc.), is extremely popular as a means of achieving illegal and negative social results (for example, such as tax evasion, abuse of tax rates, concealment of property and income, legalization of property obtained as a result of committing crime, concealment of illegal funding of political parties and their leaders, etc.). It is obvious that the blind borrowing of someone else for the domestic legal system and the archaic institution of trust property will lead to the penetration into our legal reality of all its inherent shortcomings. Law is a regulator of social relations (and economic in particular). In this case, public relations are primary, and law - secondary. Only those civil law institutions properly perform the regulatory function that determines their existence, which are in demand throughout the history of economic relations and necessary for society as a prerequisite for its normal existence and development. If social relations have not developed, then is there a need to create "artificial" legal institutions or to borrow legal structures generated in the bosom of other legal systems to regulate relations that have developed in the age of feudalism?! These circumstances must be taken into account in any attempts to improve the acts of civil law, and in recodification, including. The question of the sufficiency (or insufficiency) of the socio-economic base for the introduction of the institution of trust in Ukraine should be categorized as rhetorical. Trust construction is just a legal tool. And the result of its application will depend on the quality of regulatory "material" proposed by the legislator (and he, in turn, representatives of the doctrine of civil law), on establishing the place of this legal institution in the civil law system, and creating legal barriers that minimize it use to achieve a socially negative effect.

scholarly journals Legal structure “law of trusts” in the civil legislation of Ukraine

2020 ◽  
Vol 2 (2) ◽  
pp. 120-126
Author(s):  
Vladyslav Saksonov ◽  
Kostyantyn Romashchenko
Keyword(s):  
Property Rights ◽  
Civil Code ◽  
Property Right ◽  
Current Status ◽  
Legal Structure ◽  
Legal Nature ◽  
Trust Property ◽  
The Right ◽  
Legislative Review

The article gives the legal characteristics of the newly introduced structure "law of trusts" in the civil legislation of Ukraine. The current status and possible prospects for the development of this legal institution in our state are clarified. In particular, the two-fold character of the legal nature and the ambiguity of the assessment of “law of trusts” were noted. Firstly, as a type (Article 546 of the Civil Code of Ukraine) and a method (Article 597 of the Civil Code of Ukraine) of guaranteeing the fulfillment of an obligation. Secondly, as a special type of property right (Article 316 of the Civil Code of Ukraine). Moreover, in all senses, the "law of trusts" causes numerous comments by specialists, which causes controversy and the necessity for further changes. The right of trust should be considered in a broad understanding of the significance of this legal phenomenon. It may include the transfer of property rights for the purpose of managing it in the interests of a fiduciary (fiducia cum amico), and the transfer of property rights in order to ensure the fulfillment of a loan obligation (fiducia cum creditore). Therefore, the idea of limiting at the legislative level of this phenomenon of an exclusively interim function is doubtful and may have long-term consequences with a further understanding of this legal phenomenon and the implementation of foreign practices. The introduction at the legislative level of the institution of trusts as a type and method of ensuring the fulfillment of an obligation with an attempt to provide him with dual content of a legal nature is nothing more than an attempt to replace the content with a form. The legal construction of law of trusts introduced by the legislator is, by its legal nature, a surrogate for mortgages in its “super form”. In it, the lender is “facilitated” by the mechanism of foreclosure on property, through ownership of the title. Trust property as a type and method of ensuring fulfillment of an obligation cannot be considered as a special type of property right without a doctrinal and legislative review of the content of the owner’s eligibility. At the legislative level, it would be more successful to implement the evolutionary form of trust - title support as a way to ensure fulfillment of an obligation without “obscuring” in its nature the attributes of this type of right to things as property right, albeit with the provision of a special type of property. Trust property as a way to ensure the fulfillment of an obligation (title security) should be consid-ered as a type of right to things to another's property, and not as a special type of property right with a defect in the content of eligibility.

9. Trusts of land

2018 ◽  
Author(s):  
Victoria Sayles
Keyword(s):  
Interested Party ◽  
Essential Information ◽  
Trust Property ◽  
The Creation ◽  
The Right ◽  
Trust Of Land

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses trusts of land. The creation of concurrent interests in land generally now occurs by way of a trust of land, governed by the Trusts of Land and Appointment of Trustees Act 1996 (TLATA) and replacing their forerunner, trusts for sale. Trusts of land may be expressly or impliedly created and, where implied, may be resulting or constructive trusts. Key provisions of TLATA 1996 include: ss 6–8 governing the extent of trustees’ powers over the trust property; s 11 governing the circumstances in which trustees have a duty to consult beneficiaries when exercising their powers; ss 12–13 governing the rights of beneficiaries to occupy the trust property; and ss 14–15 governing the right of an interested party to make an application to the court for an order to resolve a dispute over trust land.

Investor-State Dispute Settlement under NAFTA Chapter 11: The Shape of Things to Come?

1998 ◽  
Vol 35 ◽  
pp. 263-290
Author(s):  
J. Anthony VanDuzer
Keyword(s):  
Free Trade Agreement ◽  
Dispute Settlement ◽  
Trade Agreement ◽  
Minimum Standards ◽  
The North ◽  
State Behaviour ◽  
Nafta Chapter 11 ◽  
To Come ◽  
The Right

SummaryRecently, there has been a proliferation of international agreements imposing minimum standards on states in respect of their treatment of foreign investors and allowing investors to initiate dispute settlement proceedings where a state violates these standards. Of greatest significance to Canada is Chapter 11 of the North American Free Trade Agreement, which provides both standards for state behaviour and the right to initiate binding arbitration. Since 1996, four cases have been brought under Chapter 11. This note describes the Chapter 11 process and suggests some of the issues that may arise as it is increasingly resorted to by investors.

What face familiarity feelings say about the lateralization of specific entities within the core system

2019 ◽  
Vol 42 ◽  
Author(s):  
Guido Gainotti
Keyword(s):  
Temporal Lobe ◽  
Memory System ◽  
Core System ◽  
The Core ◽  
Memory Traces ◽  
Specific Memory ◽  
Target Article ◽  
Temporal Structures ◽  
The Right

Abstract The target article carefully describes the memory system, centered on the temporal lobe that builds specific memory traces. It does not, however, mention the laterality effects that exist within this system. This commentary briefly surveys evidence showing that clear asymmetries exist within the temporal lobe structures subserving the core system and that the right temporal structures mainly underpin face familiarity feelings.

Study of charge transfer in FeTi

1983 ◽  
Vol 41 ◽  
pp. 296-297
Author(s):  
J. Taft∅
Keyword(s):  
Charge Transfer ◽  
Charge Distribution ◽  
Electron Scattering ◽  
Periodic System ◽  
Electron Distribution ◽  
Scattering Amplitude ◽  
Transition Elements ◽  
Hartree Fock ◽  
Cscl Structure ◽  
The Right

It is well known that for reflections corresponding to large interplanar spacings (i.e., sin θ/λ small), the electron scattering amplitude, f, is sensitive to the ionicity and to the charge distribution around the atoms. We have used this in order to obtain information about the charge distribution in FeTi, which is a candidate for storage of hydrogen. Our goal is to study the changes in electron distribution in the presence of hydrogen, and also the ionicity of hydrogen in metals, but so far our study has been limited to pure FeTi. FeTi has the CsCl structure and thus Fe and Ti scatter with a phase difference of π into the 100-ref lections. Because Fe (Z = 26) is higher in the periodic system than Ti (Z = 22), an immediate “guess” would be that Fe has a larger scattering amplitude than Ti. However, relativistic Hartree-Fock calculations show that the opposite is the case for the 100-reflection. An explanation for this may be sought in the stronger localization of the d-electrons of the first row transition elements when moving to the right in the periodic table. The tabulated difference between fTi (100) and ffe (100) is small, however, and based on the values of the scattering amplitude for isolated atoms, the kinematical intensity of the 100-reflection is only 5.10-4 of the intensity of the 200-reflection.

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