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1
Goldsworth, J. "Opinion: Trusts and Trust". Trusts & Trustees 2, n. 5 (1 aprile 1996): 2. http://dx.doi.org/10.1093/tandt/2.5.2.
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Kelly, Adam. "Trusts, Trust, and Trust: Hernan Diaz’s Liberal Pedagogy". American Literary History 36, n. 2 (1 maggio 2024): 489–515. http://dx.doi.org/10.1093/alh/ajae033.
Testo completoAbstract (sommario):
Abstract This article reads Hernan Diaz’s Trust as a contemporary commentary on, and reimagining of, literature’s entanglements with capitalism, liberalism, finance, and law. Beginning with an outline of the history of legal and corporate trusts and connecting that history to the rise of the modern novel, the article spotlights the complex role played by the notion of trust in Diaz’s metafictional text. Trust tells the story of a Wall Street financier, his philanthropist wife, and the ghostwriter of his memoir through a four-part structure, moving from a realist novel called Bonds through two memoirs and ending with a diary titled Futures. This structure serves the aim, reaffirmed in Diaz’s interviews, of teaching his novel’s reader about the ideological implications of literary forms and about the kinds of power—financial and patriarchal—involved in turning reality into fiction. The article explores Trust’s revision of these forms and the ways in which its aesthetics forge an alignment among modernism, feminism, and financial expertise. Reflecting on the novel’s metacommentary on its own values and operations, the article concludes by asking whether Trust’s liberal pedagogy offers a persuasive alternative to the narrative forms it sets out to critique.With its carefully wrought aesthetic architecture . . . Trust confidently insists on its own autonomy from complicity, reaffirming the liberal idea that art symbolizes, and exists in, a realm outside the market.
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Duin, Hjalmar M. C., e Wino J. M. van Veen. "Dutch Trusts and Trust-Like Arrangements". European Review of Private Law 24, Issue 6 (1 dicembre 2016): 973–93. http://dx.doi.org/10.54648/erpl2016059.
Testo completoAbstract (sommario):
Although the trust, as such, is not a legal concept in Dutch law and is difficult to fit into the current Dutch legal framework, there are certain Dutch legal concepts that share characteristics of a trust or that share the functionality of the trust. In this contribution, the subject matter of trusts in Dutch law is approached both from the perspective of trust characteristics as well as from the perspective of the functionality of the trust as a concept. This research is not only of interest for academic purposes, but also in the context of potential future legislation introducing the trust into Dutch law. We conclude that there is no fundamental objection against the introduction of the trust or new trust-like concepts in Dutch law. The introduction of a trust as a general concept would, however, require a substantial change of law.
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Lim, Chaewoong. "A Study on Trusts as a Method to Protect Environment - Public Trust, Charitable Trust and National Trust -". Korean Lawyers Association Journal 59, n. 3 (marzo 2010): 5–66. http://dx.doi.org/10.17007/klaj.2010.59.3.001.
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Dernbach, John. "The Role of Trust Law Principles in Defining Public Trust Duties for Natural Resources". University of Michigan Journal of Law Reform, n. 54.1 (2021): 77. http://dx.doi.org/10.36646/mjlr.54.1.role.
Testo completoAbstract (sommario):
Public trusts for natural resources incorporate both limits and duties on governments in their stewardship of those natural resources. They exist in every state in the United States—in constitutional provisions, statutes, and in common law. Yet the law recognizing public trusts for natural resources may contain only the most basic provisions—often just a sentence or two. The purpose and terms of these public trusts certainly answer some questions about the limits and duties of trustees, but they do not answer all questions. When questions arise that the body of law creating or recognizing a public trust for natural resources does not fully answer, trustees, lawyers, and courts often look to trust law for help. In fact, they have been doing so for more than a century, including in the U.S. Supreme Court’s landmark 1892 public trust decision, Illinois Central Railroad Co. v Illinois. In this sense, trust law provides a set of background or underlying principles for interpreting and applying public trusts. Using cases from around the country, this Article sets out a four-step methodology for determining when and how to use trust law principles to help interpret public trusts. This methodology can be applied in any case involving the use of specific trust principles to help interpret any particular public trust. This Article also explains that the relevant trust law should not be limited to private trust law, but rather it should include general trust principles, charitable trust law principles, and private (or noncharitable) trust law principles. This Article uses a 2019 Commonwealth Court of Pennsylvania decision, Pennsylvania Environmental Defense Foundation v. Commonwealth, as a case study. The case applies article I, section 27 of the Pennsylvania Constitution, which requires that public natural resources be conserved and maintained for the benefit of present and future generations. In that case, the court used an interpretation of private trust law to decide that the state could spend some bonus and rental payment money from oil and gas leasing on state forest and park land, which is constitutional public trust property, for non-trust purposes. This Article applies the four-part methodology to the case, explains general trust law and charitable trust law principles that the Commonwealth Court of Pennsylvania did not address, and argues that the use of these principles better fits the constitutional public trust. It concludes that the money from bonus and rental payments should be spent entirely for the purposes of the trust. This Article draws attention to both the potential value of trust law principles and also to their potential danger in the interpretation and application of public trust laws for natural resources. Trust law has the potential to enhance the protectiveness of public trusts by imposing various fiduciary duties on trustees. It also has the potential to undermine public trusts, particularly through rules requiring or encouraging that trust assets be financially productive. To vindicate public trusts for natural resources, environmental and natural resources lawyers need to become better trust lawyers.
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Probert, Thomas. "A Lost Opportunity? Omission of the Illusory Trust Doctrine from the Trusts Act 2019". Victoria University of Wellington Law Review 50, n. 4 (2 dicembre 2019): 681. http://dx.doi.org/10.26686/vuwlr.v50i4.6307.
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This article considers the role of the illusory trust doctrine in New Zealand. It argues that the illusory trust doctrine should be incorporated into the Trusts Act 2019. Incorporating the illusory trust will enhance clarity in New Zealand's law of trusts by providing the courts with a conceptually coherent method to assess the permissible boundaries of the trust. This article explores the differing views of illusory trusts in the context of the Trusts Act and in light of policy concerns. The "no meaningful accountability" view of illusory trusts is identified as the best formulation of the doctrine for incorporation into the Trusts Act. Importantly, the no meaningful accountability view does not jeopardise discretionary family trusts, which have social and economic significance. The author goes further by drafting a tentative provision for incorporation in the Trusts Act. The provision is then applied to the nefarious Clayton v Clayton trust and a typical, discretionary family trust. This application demonstrates that the provision will only catch the most nefarious Clayton-type trusts, thus preserving discretionary family trusts.
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노자은 e 김현주. "Trust in adolescents: Specific trust, general trust, public trust". Studies on Korean Youth 26, n. 2 (maggio 2015): 177–207. http://dx.doi.org/10.14816/sky.2015.26.2.177.
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Hackley, Chris. "Review Article: In Trusts We Trust". Business Ethics: A European Review 9, n. 2 (aprile 2000): 119–21. http://dx.doi.org/10.1111/1467-8608.00181.
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Wild, Thomas. "Der Trost, der im „trust“ steckt". Wege zum Menschen 72, n. 4 (15 luglio 2020): 287–300. http://dx.doi.org/10.13109/weme.2020.72.4.287.
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Zhang, Ruiqiao. "Changes and Challenges of the Role of a Trustee in a Commercial Context: Does this Separate Commercial Trusts from Trusts?" Business Law Review 42, Issue 6 (1 dicembre 2021): 262–71. http://dx.doi.org/10.54648/bula2021037.
Testo completoAbstract (sommario):
As well as acting as a guardian of family assets, trusts have increasingly become a commercial device to manage portfolios of financial assets. One of the most dramatic transformations of a role that has accompanied the evolution of trusts has been that of the trustee. The objective of this article is to examine the key changes and challenges that the commercial use of trusts has brought to the trustee’s role and to answer whether or not those changes or challenges suggest the separation of commercial trusts from trusts. I argue that the role of a trustee in a commercial context has developed in various ways from that of a traditional family trust so that it accommodates the complex commercial uses of trusts; however, the fundamental rules of trusts and the essential duties of trustees have remained the same, and the trust law itself has continually developed to resolve problems that arise in the commercial uses of trusts. Thus, it is neither correct nor necessary to separate a commercial trust from a traditional trust in order for it to be an independent legal vehicle; this would consequently require the establishment of a new set of rules. Trust law, commercial trust, evolution of the role of a trustee, rule of law, whether a commercial trust is in the essence of a trust
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von Segesser, Georg, e Katherine Bell. "Arbitration of Trust Disputes". ASA Bulletin 35, Issue 1 (1 marzo 2017): 10–39. http://dx.doi.org/10.54648/asab2017003.
Testo completoAbstract (sommario):
Trusts instruments are nowadays widely used for commercial purposes. Although news coverage surrounding offshore leaks have had a negative impact on the public perception of trusts, this is but one very specific aspect of trusts and disregards the fact that trusts are used for many legitimate purposes and with full fiscal transparency. The article explains the characteristics of trusts and the fact that in recent years they have reached civil law legal systems and are no longer confined within their traditional borders of common law. The Hague Convention on the Law Applicable to Trusts and their Recognition has promoted an increased acceptance of trusts in many countries across civil law and common law jurisdictions. Trust disputes broadly fall into three categories: (i) internal trust disputes, i.e. disputes with regard to the trust based on which the trustee holds the subject matter of the settlement; (ii) disputes between the trustee and the beneficiaries regarding e.g. a breach of trust by the trustee, the exercise of power by the trustee; and (iii) disputes with third parties who are not beneficiaries. Only the first two categories are dealt with in this article, as they create interesting and challenging issues to be addressed in arbitration proceedings. Such issues are, in particular, the effectiveness of arbitration clauses placed in the trust instrument which is typically only signed by the settlor. Other specific topics related to the arbitration of trust disputes are the arbitrability of trust matters, e.g. the dispute about information rights of a beneficiary or the application by the trustee pertaining to the interpretation of a trust provision, and the representation of beneficiaries in the proceedings including unascertained, unborn, minor or incapable beneficiaries. As trust disputes frequently involve complex legal and financial issues with connections to different countries and their laws, and with parties and assets in various jurisdictions, arbitration appears to be a viable method to resolve such disputes, in particular as it allows to concentrate the proceedings in one forum and provides for an individually structured process capable of dealing with the specific issues related to trust disputes. The article refers to a number of trust laws and arbitration laws of different jurisdictions that address arbitration in the trust context, providing examples how the specific issues of trust arbitration can be dealt with.
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Byongsam Jung, Byongsam Jung. "Effect of the Korean Adolescents’ Personal Trust on Social Trust and Public Trust". Korea Association for Public Value 6 (30 giugno 2024): 41–48. http://dx.doi.org/10.53581/jopv.2023.6.1.41.
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Purpose: This study aims to identify the effect of Korean adolescents’ personal trust on social trust and public trust. Method: To accomplish the research purpose, the researchers analyzed panel data collected from 5,740 participants, encompassing Korean elementary, middle, and high school students nationwide. This data was collected through stratified cluster sampling by the Korea Youth Policy Institute. To test three research hypotheses, structural equation modeling (SEM) analysis was applied, and the results are as follows: Results: First, Korean adolescents' perceived personal trust had a statistically significant positive effect on social trust. Second, Korean adolescents' perceived personal trust had statistically significant positive effect on public trust. Third, Korean adolescents' perceived social trust had statistically significant positive impact on public trust. Conclusion: The personal trust that adolescents have serves as the foundation for their social and public trust and it will promote the democratic attitude and behavior in future society. Therefore, it is important to recognize the significance of trust formed during adolescence in family, friendships, and with teachers. This recognition can help adolescents develop social and public trust based on their personal sense of trust.
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Parkinson, Patrick. "RECONCEPTUALISING THE EXPRESS TRUST". Cambridge Law Journal 61, n. 3 (11 dicembre 2002): 657–83. http://dx.doi.org/10.1017/s0008197302001769.
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This article argues that the express trust should be understood as a species of obligation rather than as a means of organising the ownership of property. Two propositions seem fundamental to the traditional understanding of the trust as an aspect of property law. Firstly, in the nature of the trust, there must be a separation of legal and beneficial ownership. Secondly, there must be trust property. Neither is necessarily true. With many discretionary trusts and other recognised types of express trust it is impossible to locate the beneficial estate. Furthermore, the requirement for there to be trust property is, on closer analysis, a requirement of certainty of obligation in relation to specific subject-matter within which the trust property can be located.The article explores the implications of understanding the trust as a species of obligation. It allows all express trusts, including charitable trusts, to be explained as resting on the same fundamental concepts. The trust in the common law world may still be distinguished from contract and from the civil law forms of the trust. This new conceptualisation also illuminates what is the irreducible core content of the trust. The article concludes with a new definition of the express trust.
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Harrison, Judy. "The distribution of mental health services within NHS trusts". Psychiatric Bulletin 18, n. 8 (agosto 1994): 469–71. http://dx.doi.org/10.1192/pb.18.8.469.
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From April 1994, over 95% of health care services will be provided by NHS trusts. Mental Health services have a choice of remaining within the acute hospital trust or forming part or all of a community trust. Using data from trust directories, the distribution of mental health services within the first three trust waves is described. Forty per cent of acute hospital trusts currently do not include mental health services. Unlike other specialities, a significant proportion of mental health services are choosing to form specialist mental health trusts. The implications of the alternative trust arrangements for psychiatry are discussed.
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Harris, Lauren, e Emily Jefferson. "On the Trusts and Succession (Scotland) Bill: Modernisation and Transformation". Trusts, n. 5 (4 ottobre 2023): 908–19. http://dx.doi.org/10.35948/1590-5586/2023.421.
Testo completoAbstract (sommario):
The author’s view The proposed reform under the Trusts and Succession (Scotland) Bill seeks to put a certain view of the modern function of trusts law on a legislative footing. It takes significant inspiration from jurisdictions which have a predominantly commercial trust regime. Two types of reform are evident in the Bill. At times it modernises the traditional Scottish trust in line with a commercial functional evolution. However, through the introduction of new parties (the protector and the supervisor) and a new offshore style trust (the private purpose trust), the reform may more accurately be described as a wholesale transformation of the traditional Scottish trust form. Tesi La riforma proposta con il Trusts and Succession (Scotland) Bill cerca di mettere su un piano legislativo una certa visione della funzione moderna del diritto dei trust. Si ispira in modo significativo a giurisdizioni che hanno un regime di trust prevalentemente commerciale. Il disegno di legge presenta due tipi di riforma. A volte modernizza il trust scozzese tradizionale in linea con un’evoluzione funzionale commerciale. Tuttavia, grazie all’introduzione di nuovi soggetti (il guardiano e il supervisore) e di un nuovo trust di tipo offshore (il private purpose trust), la riforma può essere più accuratamente descritta come una trasformazione totale della forma tradizionale di trust scozzese.
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Mitchell, Alex J., e John Gill. "Research productivity of staff in NHS mental health trusts: comparison using the Leiden method". Psychiatric Bulletin 38, n. 1 (febbraio 2014): 19–23. http://dx.doi.org/10.1192/pb.bp.113.042630.
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Aims and methodTo examine research productivity of staff working across 57 National Health Service (NHS) mental health trusts in England. We examined research productivity between 2010 and 2012, including funded portfolio studies and all research (funded and unfunded).ResultsAcross 57 trusts there were 1297 National Institute for Health Research (NIHR) studies in 2011/2012, involving 46140 participants and in the same year staff in these trusts published 1334 articles (an average of only 23.4 per trust per annum). After correcting for trust size and budget, the South London and Maudsley NHS Foundation Trust was the most productive. In terms of funded portfolio studies, Manchester Mental Health and Social Care Trust as well as South London and Maudsley NHS Foundation Trust, Oxford Health NHS Foundation Trust and Cambridgeshire and Peterborough NHS Foundation Trust had the strongest performance in 2011/2012.Clinical implicationsTrusts should aim to capitalise on valuable staff resources and expertise and better support and encourage research in the NHS to help improve clinical services.
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Hwang, In Gyu. "Study on the Improvement of Public Trust Taxation System". KOREAN SOCIETY OF TAX LAW 7, n. 2 (30 giugno 2022): 5–58. http://dx.doi.org/10.37733/tkjt.2022.7.2.5.
Testo completoAbstract (sommario):
The Public Trust Act (“PTA”) was enacted in 2014 and came into effect in 2015. According to the PTA, a public trust is a trust under the Trust Act which mainly engages in public services and has been approved by the Minister of Justice. The Minister of Justice discloses the status of approved public trusts pursuant to the PTA, and as of May 2022, a total of 33 public trusts have been identified.
The total entrusted amount in Korea’s trust business has increased rapidly, reaching KRW 1,166.7 trillion as of December 2021. On the other hand, the growth of public trusts has not reached that level. One of the reasons to account for the unpopularity of public trusts is that, while many studies have been accumulated on trusts in general, successfully resolving uncertainty in terms of tax practice, research on the taxation system of public trusts has not been active. Therefore, defining the taxation system for public trusts, to spot potential issues and present possible solutions, will aid in promoting the use of public trusts and developing the relevant taxation system.
This study focuses on the concept of public trust and how the current taxation system of public trusts are operated, to spot potential issues with reference to case studies of other countries and finally recommending solutions to improve the public trusts taxation system.
In order to find specific problems and suggest solutions, this study organized the issues that may come up at establishment stage of a public trust. In addition, this study conducted an analysis according to the subject of public trusts, such as grantor, trustee, recipient (the word ‘recipient’ is used instead of a ‘beneficiary’, because public trusts are a type of a purpose trust without a beneficiary), and trust property. During this process, systematic errors and problems appearing in each respective subject were discovered, and directions for improvement were found.
In this process, several problems were discovered and improvement mea- sures were suggested. First, the possibility of conflicts between the provisions of the Corporate Tax Act was discovered and suggestions for improvement were suggested. Second, a plan was proposed to organize and simplify the complex public trust taxation system. Third, since it was confirmed that the income tax taxation regulations for public trusts were insufficient, we proposed an amendment to the regulations. Fourth, it pointed out that public trust trusts are not included in “public interest corporations, etc.” under the Corporate Tax Act, and suggested improvement measures. Fifth, it pointed out that public trusts are being discriminated against compared to public interest corporations in non-inclusion of deductible expenses for projects for specific purposes, and suggested improvement measures. Finally, argued for the resolution of the discrepancy between PTA and relevant taxation system.
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Van Dyk, Herman, e Danie Calitz. "An Analysis Of The Risks Associated With Estate Duty In Retaining Control Over Trust Assets". Journal of Applied Business Research (JABR) 32, n. 5 (1 settembre 2016): 1375. http://dx.doi.org/10.19030/jabr.v32i5.9766.
Testo completoAbstract (sommario):
The use of trusts to minimise estate duty and other taxes has recently come under scrutiny from government. The DTC has proposed amendments to income tax legislation to serve as a deterrent against using trusts to avoid estate duty. Such amendments will, however, only discourage the use of trusts if the trust assets generate a significant amount of income and the donor of the assets or the beneficiaries of the trust have little or no other taxable income.The objective of this paper is to identify the estate duty risks associated with retaining control over trust assets. It was concluded that trust assets are only at risk of being included as deemed property in the estate of a deceased person where such person had, immediately prior to death, the legal competence to dispose of such property for the benefit of himself or his estate and that the conduct of the planner was not a relevant consideration in determining whether trust assets could be deemed property. However, the conduct of the estate planner with respect to trust assets could potentially lead to the inclusion of the property as actual property in his estate, particularly in circumstances where the trust was his alter ego and trust property was treated as his own, where the trust arrangement is regarded as simulated or where there was no intention to create a trust.
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Liu, Guanfeng, Yan Wang e Mehmet Orgun. "Trust Transitivity in Complex Social Networks". Proceedings of the AAAI Conference on Artificial Intelligence 25, n. 1 (4 agosto 2011): 1222–29. http://dx.doi.org/10.1609/aaai.v25i1.8087.
Testo completoAbstract (sommario):
In Online Social Networks (OSNs), participants can conduct rich activities, where trust is one of the most important factors for their decision making. This necessitates the evaluation of the trustworthiness between two unknown participants along the social trust paths between them based on the trust transitivity properties (i.e., if A trusts B and B trusts C, then A can trust C to some extent). In order to compute more reasonable trust value between two unknown participants, a critical and challenging problem is to make clear how and to what extent trust is transitive along a social trust path. To address this problem, we first propose a new complex social network structure that takes, besides trust, social relationships, recommendation roles and preference similarity between participants into account. These factors have significant influence on trust transitivity. We then propose a general concept, called Quality of Trust Transitivity (QoTT), that takes any factor with impact on trust transitivity as an attribute to illustrate the ability of a trust path to guarantee a certain level of quality in trust transitivity. Finally, we propose a novel Multiple QoTT Constrained Trust Transitivity (MQCTT) model. The results of our experiments demonstrate that our proposed MQCTT model follows the properties of trust and the principles illustrated in social psychology, and thus can compute more resonable trust values than existing methods that consider neither the impact of social aspects nor the properties of trust.
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Park, Soo Jin, e HA-YOUNG PARK. "The Amended Value Added Tax Issues and Improvement Measures Related to Copyright Trust Management: Focusing on the Case of Music Copyright Trust Management". Korea Copyright Commission 144 (31 dicembre 2023): 89–128. http://dx.doi.org/10.30582/kdps.2023.36.4.89.
Testo completoAbstract (sommario):
Korea’s Value Added Tax Act had treated the supply of goods or services related to trust property in a manner similar to consignment transactions, without explicit statutory provisions. In 2020, the amended Value Added Tax Act (Act No. 17653, dated December 22, 2020, partially amended, enforced from January 1, 2022) designated the trustee as a taxpayer and established specific regulations aimed at preventing tax avoidance and securing tax claims related to trusts.
The amended Value Added Tax Act primarily focused on real estate trusts and money trusts, giving insufficient attention to copyright trusts, which are mainly used for the management and utilization of copyrights.
When examining the issues arising from the amended Value Added Tax Act, focusing on the case of music copyright trust management organizations, first, Copyright trust management organizations are expected to bear a significant amount of tax compliance costs in carrying out business registration obligations for trust property belonging to trusts established after January 1, 2022. Next, in accordance with Article 5 of the supplementary provisions of the amended Value Added Tax Act, a situation may arise in which consignor taxation and trustee taxation are applied simultaneously for a considerable period of time, which may undermine the original purpose of introducing the copyright trust, which is to effectively manage and utilize copyright for copyright holders and users. Finally, when applying the consignor’s taxation regulations in cases where the consignor is unknown, Value Added Tax Act does not specify otherwise. Furthermore, within the trustee’s taxation regulations, there are no regulations addressing the application of Value Added Tax exemption on copyright fees.
As recommendations for addressing the Value Added Tax issues surrounding copyright trust management, the following are proposed. First, the regulations on the registration of trust property comprehensive businesses allowed for real estate collateral trusts of trust companies should be allowed for copyright trust management organizations approved by the Minister of Culture, Sports and Tourism under Article 105 of Copyright Act. Next, when applying Article 5 of the Supplementary Provisions to the revised Value Added Tax Act, copyright trust management organizations must be allowed to selectively exclude application. Finally, in consideration of the characteristics of copyright trusts, a value-added tax practice in the form of consignment trading centered on copyright trust management organizations should be prepared.
This study is meaningful in that it presents issues and improvement measures in VAT practice related to intellectual property rights not addressed in the VAT area, especially copyright trust management systems using copyright as trust property.
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Buyadzhу, G. "EVOLUTION OF THE FIDUCIARY RELATIONSHIP DOCTRINE IN INDEPENDENT UKRAINE: FROM COMPLETE OBJECTION TO IMPLEMENTATION INTO CURRENT LEGISLATION". Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, n. 118 (2021): 9–14. http://dx.doi.org/10.17721/1728-2195/2021/3.118-2.
Testo completoAbstract (sommario):
The article addresses the development of the fiduciary relationship doctrine in Ukraine. Primarily, the paper covers the alteration in understanding the idea of trust and other trust-like constructions by Ukrainian society from the 90s of the XX century to present time. The purpose of the article is to highlight the main stages of and approaches to understanding of fiduciary relationship in general and trust and other trust-like constructions in particular, as well as to analyse their common and distinctive features in comparison to related legal institutions and to determine the prospects for their further implementation in Ukrainian law. Methodology. To shed the light on different approaches to understanding trusts and paratrust constructions, a comparative-historical method was used in the article; also the methods of analysis, ascent from abstract to concrete and system-structural methods of scientific cognition were applied. Results and conclusions. Misunderstanding of the idea of a trust has led to violation of the rights of citizens affected by financial fraud of trust companies, which has played a significant role in shaping the distrustful or negative attitude of lawyers and ordinary citizens of Ukraine to trusts and other trust-like constructions for almost two decades. The concept of trust has existed in the law of Ukraine for a long time, but mostly it is associated with the negative issues like hiding property, hiding information about the ultimate beneficial owners etc. In addition, the concept of trust is changing constantly; this indicates the evolution of approaches to understanding the institution. At present, a trust is understood as "legal relationship," while the previous version of law defines a trust through the category of a legal entity. The approach to understanding the concept of beneficial ownership in a trust differs in common law countries and Ukraine. In Ukraine, this definition covers the right of a natural person who, regardless of formal ownership, has the opportunity to exercise decisive influence over the management or economic activity of a legal entity directly or through other persons. Keywords: fiduciary relationship, trust, trust-like (paratrust) constructions, property management, Trust Convention, beneficial ownership, trustee, ultimate beneficial owner, beneficiary, controlled foreign company (CIC), revocable trusts, irrevocable trusts.
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Jin, Wanyi, e Yijia Li. "Exploring Solutions to the Conflict between the Ownership of Trust Property and the Numerus Clauses". SHS Web of Conferences 169 (2023): 01069. http://dx.doi.org/10.1051/shsconf/202316901069.
Testo completoAbstract (sommario):
The principle of numerus clauses is the basic principle of civil law countries, and trusts, as a product of the common law system, are bound to diverge from it. Among them, the conflict between the ownership of trust property and the numerus clauses is the most significant. How to ease the conflict between the two in order to promote the long-term development of trusts in China has attracted a lot of attention. Trusts are developing rapidly around the world, and a comparative study approach has been adopted, of which the following are representative views: (i) Japanese scholars consider that trust is a legal relationship with both jus in rem and obligations, and thus hold the view that trust property has both owner’s right and creator’s right. (ii) the common-law scholars deem that the legal nature of a trust is that the trustee and the beneficiary share the ownership of the trust property, namely dual property rights, which is a kind of “ a bundle of rights “. This article argues that the contradiction between the ownership of trust property and the legal principle of property rights can be alleviated by strengthening the practical regulation and the improvement of the relevant laws based on the essence of trusts, which are based on trust.
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SARAF, ADITI. "Trust amid “trust deficit”". American Ethnologist 47, n. 4 (novembre 2020): 387–401. http://dx.doi.org/10.1111/amet.12987.
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Uslaner, Eric M. "Trust online, trust offline". Communications of the ACM 47, n. 4 (aprile 2004): 28–29. http://dx.doi.org/10.1145/975817.975838.
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Miller, Keith W., Jeffrey Voas e Phil Laplante. "In Trust We Trust". Computer 43, n. 10 (ottobre 2010): 85–87. http://dx.doi.org/10.1109/mc.2010.289.
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Brewin, ThurstanB. "TRUST, TRUST, AND PATERNALISM". Lancet 326, n. 8453 (agosto 1985): 490–92. http://dx.doi.org/10.1016/s0140-6736(85)90413-1.
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Lloyd-Smith, Walter. "Misplaced Trust? Occupational Therapy and NHS Trusts". British Journal of Occupational Therapy 57, n. 2 (febbraio 1994): 40–44. http://dx.doi.org/10.1177/030802269405700202.
Testo completoAbstract (sommario):
The present governmental reforms of the National Health Service are the most far-reaching to date and have fundamental implications for health professionals. The focus of this article is to raise some of these issues in relation to occupational therapy. The introduction of trusts, the purchaser/provider split and the internal market are some of the mechanisms by which the government hoped to tackle the funding crisis of the late 1980s. These reforms have been operating since 1991, but little has been published on the impact of the self-governing trust movement on occupational therapy. Some observations on and an evaluation of these reforms are offered. It is hoped that the article will stimulate discussion within the profession about the role of trusts and their relationship to the delivery and development of an occupational therapy service.
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Goldsworth, J. "Trust Practice: A Better Definition of Trusts". Trusts & Trustees 6, n. 4 (1 marzo 2000): 34–36. http://dx.doi.org/10.1093/tandt/6.4.34.
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Hudson, Bob. "Ten Reasons not to Trust Care Trusts". Journal of Integrated Care 10, n. 2 (aprile 2002): 3–11. http://dx.doi.org/10.1108/14769018200200013.
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Mooradian, Todd, Birgit Renzl e Kurt Matzler. "Who Trusts? Personality, Trust and Knowledge Sharing". Management Learning 37, n. 4 (dicembre 2006): 523–40. http://dx.doi.org/10.1177/1350507606073424.
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Wang, Stephen W., Waros Ngamsiriudom e Chia-Hung Hsieh. "Trust disposition, trust antecedents, trust, and behavioral intention". Service Industries Journal 35, n. 10 (giugno 2015): 555–72. http://dx.doi.org/10.1080/02642069.2015.1047827.
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Poppo, Laura, Kevin Zheng Zhou e Julie Juan Li. ""When Can You Trust “Trust”?Calculative Trust, Relational Trust, and Supplier Performance"". Academy of Management Proceedings 2014, n. 1 (gennaio 2014): 10191. http://dx.doi.org/10.5465/ambpp.2014.10191abstract.
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Poppo, Laura, Kevin Zheng Zhou e Julie J. Li. "When can you trust “trust”? Calculative trust, relational trust, and supplier performance". Strategic Management Journal 37, n. 4 (23 aprile 2015): 724–41. http://dx.doi.org/10.1002/smj.2374.
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Hsu, Christopher. "Eastern Trusts, Western Contracts: The Transition from Contract to Trust in China’s Trust Industry". European Business Organization Law Review 17, n. 1-2 (21 marzo 2016): 173–93. http://dx.doi.org/10.1007/s40804-016-0033-3.
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Abdul Aziz, Ruqayyah, Rusni Hassan, Nor Razinah Mohd Zain e Syed Ahmed Salman. "Towards Developing a Conceptual Framework for Islamic Unit Trust Funds". International Journal of Management and Applied Research 6, n. 4 (1 novembre 2019): 397–406. http://dx.doi.org/10.18646/2056.64.19-031.
Testo completoAbstract (sommario):
There is increasing interest among investors in one of the latest investment vehicles - unit trusts. Unit trusts have several advantages as investments in comparison to other investment vehicles, as they are managed by fund managers and tied down by a trust deed. These advantages can be traced back to the investment diversification, professional management of the unit trust and the liquidity flow that can be obtained through sale and purchase of the unit trust. This paper presents an argument towards the development of the conceptual framework for Islamic unit trust funds, explored using references to the regulations in Malaysia, reviewing the types of unit trust funds, their distinctive features, Shariah principles that operate in the management of unit trust industry in Malaysia and the contributions that can be generated from unit trust fund to society. Some of the essential features of Islamic unit trust funds depend on the prohibition of riba, gharar and maysir, strict stock screening processes and purification processes. The main challenges to the unit trust industry are also discussed.
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Mohd Dom, Rosma, Muhammad Fandi Ibrahim, Che Lynnaruhiyah Che Sulaiman e Ahmad Shafiq Ahmad Sholahuddin. "Performance of unit trust funds in Malaysia : a comparison between conventional and Islamic unit trusts". Social and Management Research Journal 11, n. 1 (2 giugno 2014): 31. http://dx.doi.org/10.24191/smrj.v11i1.5231.
Testo completoAbstract (sommario):
This paper reports the comparison of performance between Islamic and conventional unit trust funds in Malaysia. Least Square Methods were used to describe the overall growth of Malaysian unit trusts for the years 2004 to 2012 based on the number of launched funds, units in circulation, number of accounts and total net asset value. The results indicated that conventional unit trust funds grew exponentially while Islamic unit trusts grew linearly. The performances of 4 Islamic and 4 conventional unit trust funds based on their efficiencies (ratio of weighted sum of outputs to weighted sum of inputs) were measured using Data Envelopment Analysis over a three-year period (2010- 2012). The performances were measured based on two inputs namely the Portfolio Turnover Ratio (PTR) and Management Expense Ratio (MER) while the output was the companies’ annual returns. The outcome is the ranking of unit trusts performance which can be a good reference for investors. The finding shows that conventional unit trusts were the preferred investment among Malaysians. However, the growth of Islamic unit trusts was less affected by the world economic crisis compared to the growth of conventional unit trusts. This is reflected in the decrease of growth of the conventional unit trusts during the years 2007-2008, the time when the world economy was hit hard. On the contrary, the Islamic unit trust showed a gradually increasing growth during the same time period. CIMB conventional is found to be the best unit trust among the conventional unit trusts studied while Kuwait Finance House is found to be the best Islamic unit trust in this study, second only to CIMB conventional. Public Bank unit trust performed consistently on the average while AmBank showed poor performance throughout the years. CIMB conventional performed better than CIMB Islamic but RHB Islamic and AmBank Islamic performed better than their conventional counterparts.
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Bellini, Luca, e Matteo Pettinari. "I trust per i soggetti deboli". gennaio-febbraio, n. 1 (3 febbraio 2022): 210–18. http://dx.doi.org/10.35948/1590-5586/2022.65.
Testo completoAbstract (sommario):
TesiL’articolo individua nello svantaggio e negli ostacoli che intervengono nella vita, la ragione principale dei trust per soggetti deboli. In seguito, presenta un’analisi dello scopo di questi trust e introduce il modello del Trust Dopo di Noi, sottolineandone il suo particolare valore umano e sociale. The author's viewThe article identifies the main reason why trusts for vulnerable people are made in disadvantage and in life’s obstacles. In addition, the paper presents an analysis of these trusts’ purpose and introduces the “Trust Dopo di Noi” model pointing out it’s peculiar human and social value.
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Macko, Anna. "No Trust vs. Some Trust in a Game Framed as Trust or Investment: Avoiding the Distrustor". Central European Management Journal 28, n. 4 (15 dicembre 2020): 67–85. http://dx.doi.org/10.7206/cemj.2658-0845.35.
Testo completoAbstract (sommario):
Purpose: The study aimed at examining how observing a person showing no trust or some trust, in interaction framed as a trust or an investment, influences two variables: anticipated dissatisfaction from cooperating with the trustor and willingness to avoid such a person in future cooperative tasks. Additionally, the perception of the trustor and anticipated feelings in the role of the trustee were analyzed. Methodology: A scenario describing the trust game framed as trust or investment was used in the study. Participants (N = 166) were randomly assigned to one of the four conditions: 2 (amount sent in the game: zero vs. one-tenth of the endowment) x 2 (game framing: trust vs. investment) and after reading the scenario made three types of evaluations: (1) their feelings in the position of the trustee from the scenario; (2) the trustor’s sociability, morality, and competence and (3) anticipated dissatisfaction from cooperating with the trustor in the future, and finally (4) willingness to avoid the trustor in future interactions. Results: Interaction effects were found for evaluations of anticipated dissatisfaction from cooperating with the trustor and willingness to avoid the trustor in future interactions. Observing sending nothing in the trust game framed as trust, rather than investment, resulted in stronger anticipated dissatisfaction from cooperating in the future with the trustor, and stronger willingness to avoid such a person as a partner for cooperation. Moreover, independent of the framing of the game, in condition of no trust, participants reported stronger negative feeling when imagining themselves in the role of the trustee and perceived the trustor as less sociable and less competent. Surprisingly, the perception of trustor’s morality did not differ across the conditions. Conclusions: Observing distrust, particularly when the interaction is interpreted in social terms as trust, rather than in economic ones as non-investing, with all other aspects of the situation the same, results in different attitude towards the distrustor on the side of observers. Distrust, in comparison to just non-investing, evokes in observers a stronger propensity to avoid such the distrustor as a partner for cooperation and lowers their anticipated satisfaction from cooperation with him/her.
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Miller, David, Mishel Johns, Brian Mok, Nikhil Gowda, David Sirkin, Key Lee e Wendy Ju. "Behavioral Measurement of Trust in Automation". Proceedings of the Human Factors and Ergonomics Society Annual Meeting 60, n. 1 (settembre 2016): 1849–53. http://dx.doi.org/10.1177/1541931213601422.
Testo completoAbstract (sommario):
Stating that one trusts a system is markedly different from demonstrating that trust. To investigate trust in automation, we introduce the trust fall: a two-stage behavioral test of trust. In the trust fall paradigm, first the one learns the capabilities of the system, and in the second phase, the ‘fall,’ one’s choices demonstrate trust or distrust. Our first studies using this method suggest the value of measuring behaviors that demonstrate trust, compared with self-reports of one’s trust. Designing interfaces that encourage appropriate trust in automation will be critical for the safe and successful deployment of partially automated vehicles, and this will rely on a solid understanding of whether these interfaces actually inspire trust and encourage supervision.
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Wang, Zuoming. "Media, Biotechnology, and Trust: What Drives Citizens to Support Biotechnology". Studies in Media and Communication 5, n. 2 (30 novembre 2017): 157. http://dx.doi.org/10.11114/smc.v5i2.2803.
Testo completoAbstract (sommario):
This paper explores the relationship among ideology, media science news use, and three different types of trust (trust in government, trust in science, and trust in regulative institute), as well as their direct and indirect impact on the support of agricultural biotechnology and the support of regulation on genetic modified organisms (GMO). A structural model showed that the public are slightly leaning toward the use of biotechnology; meanwhile they overwhelmingly request the control on GMO. Level of education directly promoted all three types of trusts and had a positive effect on the support of biotechnology and the support of regulation on GMO. Media science news use has both a direct and an indirect positive effect (through trust in scientific process) on support of biotechnology. Among the three different types of trusts, trust on government did not have significant effects on public attitude toward biotechnology. Trust in regulative institutes, associated with more control on GMO, decreased the public’s support of biotechnology. Meanwhile, trust in scientific process directly bolstered public’s support of biotechnology.
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Lee, Keon-Myung, e Kyung-Mi Lee. "A Fuzzy Trust Model incorporating Dispositional Trust, General Trust, Situational Trust and Reputation". Journal of Korean Institute of Intelligent Systems 16, n. 6 (25 dicembre 2006): 653–58. http://dx.doi.org/10.5391/jkiis.2006.16.6.653.
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Yeo, Terence, e Victoria Liu Xin Er. "To good purpose: non-charitable purpose trusts for the specific purpose of holding shares in perpetuity in Singapore". Trusts & Trustees 26, n. 7 (settembre 2020): 646–53. http://dx.doi.org/10.1093/tandt/ttaa059.
Testo completoAbstract (sommario):
Abstract This article considers the issue of whether Singapore should amend its trust laws to allow for non-charitable purpose trusts (NCPTs) for the specific purpose of holding company shares in perpetuity. The authors argue that such trusts should be allowed for two reasons. First, NCPTs in general should not be regarded as repugnant to the trust concept. Secondly, the practical advantages of allowing non-charitable trusts in a limited fashion outweigh the disadvantages. The article concludes by proposing possible reforms to the Singapore trust legislation.
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Shikuma, Michael H. "Japan taxation of trusts". Trusts & Trustees 26, n. 1 (22 gennaio 2020): 15–20. http://dx.doi.org/10.1093/tandt/ttz114.
Testo completoAbstract (sommario):
Abstract Although trusts are not widely used for estate planning purposes in Japan, the taxation of trusts is becoming an important issue as the scope of Japan’s gift and inheritance taxes have expanded to include settlors or beneficiaries residing in Japan, and Japanese and non-Japanese national settlors or beneficiaries residing abroad. Despite the 2007 revision of the Japan trust and trust taxation rules, the taxation of foreign trusts is often unclear, in part because of the differences in Japan and foreign trust structures. This article is designed to provide a general overview of the Japan taxation of trusts.
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Reid, Kenneth G. C. "Patrimony Not Equity: the trust in Scotland". European Review of Private Law 8, Issue 3 (1 settembre 2000): 427–37. http://dx.doi.org/10.54648/273249.
Testo completoAbstract (sommario):
While the distinction between legal and equitable ownership is of central importance to the historical development of the trust in England, the idea of trust does not depend on such a distinction. In the mixed legal systems, of which Scotland is an example, there is a fully developed doctrine of trust, but no corresponding doctrine of equity. This suggests that equity is not, after all, the main organising feature of the law of trusts. The argument of this paper is that the fundamental characteristic of the trust is not dual ownership, but dual patrimony. In the normal case a single person has only a single patrimony. But in a trust there are two patrimonies, for, in addition to his private patrimony, the trustee holds a trust patrimony consisting of all the assets and liabilities of the trust. The patrimonies are distinct in law, so that the assets of the trust patrimony cannot be used to meet the liabilities of the personal patrimony. This idea of dual patrimony explains much in the law of trusts that is otherwise puzzling. In particular it explains the substitution of assets when trust property is bought and sold, the protection given to the trust beneficiary against the personal insolvency of the trustee, and the identity of the trust in a manner distinct from those who, for the time being, are its trustees and beneficiaries.
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Arienti, Leonardo. "La riqualificazione del trust opaco in trust trasparente e gli obblighi di adeguata e corretta contabilità (CGT II grado, Lombardia, 20 settembre 2023)". N° 3 (maggio-giugno), n. 3 (6 giugno 2024): 497–505. http://dx.doi.org/10.35948/1590-5586/2024.580.
Testo completoAbstract (sommario):
Tesi I trust identificati come opachi e soggetti passivi ai fini IRES possono essere riqualificati come trasparenti nel caso in cui, in concreto il trustee provveda a delle distribuzioni di reddito in violazione di quanto previsto dall’atto istitutivo. Inoltre, i trust opachi aventi natura non commerciale e non esercenti alcuna attività di tipo commerciale non devono ritenersi normativamente onerati alla tenuta della contabilità ai sensi dell’art. 20, D.P.R. n. 600/1973, ma devono comunque adottare una corretta rappresentazione contabile della gestione dei beni in trust, essendo il trust un autonomo centro di imputazione economica e fiscale ai fini IRES. The author’s view Trusts identified as “opaque” and taxable for IRES purposes may be reclassified as “transparent” if, as a matter of fact, the trustee makes distributions of income in breach of the provisions of the trust deed. Moreover, “opaque” trusts having a non-commercial nature and not involved in any commercial activity are not to be deemed to be obliged by law to keep business records pursuant to Article 20 of Italian Presidential Decree No. 600 of 1973 but such kind of trusts must nevertheless adopt a correct accounting representation of the management of the trust assets as the trust is an autonomous centre of economic and tax imputation for IRES purposes.
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Fohlin, Caroline, e Zhikun Lu. "How Contagious Was the Panic of 1907? New Evidence from Trust Company Stocks". AEA Papers and Proceedings 111 (1 maggio 2021): 514–19. http://dx.doi.org/10.1257/pandp.20211097.
Testo completoAbstract (sommario):
Using a new dataset of all NYC trust company stocks, we study the impact of the Panic of 1907 and the ensuing cash infusion by JP Morgan and the Treasury. Using synthetic controls, we find that three “troubled” trusts performed far worse than the other trusts, whose valuations rebounded within a year. Moreover, trust companies connected to “money trust” banks maintained higher valuation than independents and rebounded much faster. The desire to prevent panic from spreading from infected trusts to financial institutions in his purview could explain Morgan's rapid intervention to stem the contagion.
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Novikov, Vladislav S. "Trusts under Civil Law Jurisdictions: Current Legislative Framework, Legal Doctrine and Case Law". Zakon 20, n. 3 (marzo 2023): 182–203. http://dx.doi.org/10.37239/0869-4400-2023-20-3-182-203.
Testo completoAbstract (sommario):
As of today, some civil law jurisdictions have adopted domestic trust legislation acknowledging a trust as a form of ownership. Several civil law jurisdictions have recognised foreign trusts in recent years as a regulatory and tax matter, in order to find and document the offshore assets of their taxpayers and other jurisdictions have adopted the Hague Trust Convention on the Law Applicable to Trusts and on Their Recognition 1985, simplifying the construction and recognition of foreign trusts, because the Convention imports specific conflict of law provisions into the law of the countries that have adopted it. In the other civil law jurisdictions that have not adopted the Trust Convention, the election of law made by the settlor will generally be recognised if their laws authorise an election. Notwithstanding the fact that an election of a foreign law or a foreign forum is made in the trust deed, the court is going to turn to its domestic laws and among other things to its own conflict of law provisions to determine the validity of the election made. The construction and recognition of foreign trusts will rely uniquely on case law in a jurisdiction where there is no conflict of law provisions for trusts. In all civil law jurisdictions transfers in trust are generally void to the extent they deprive an heir of her forced share or a spouse of her share in a community property, if the trust violates rule against perpetuities or any other mandatory provision of domestic legislation. In light of the aforementioned, the aim of the article is to show that сivil law jurisdictions search for new ways to afford the benefit of trusts in a variety of settings.
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GONG, Zhe, Yujie TANG e Chang LIU. "Can trust game measure trust?" Advances in Psychological Science 29, n. 1 (2021): 19. http://dx.doi.org/10.3724/sp.j.1042.2021.00019.
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Allen, Crispin. "Health Trust or National Trust?" Nursing Standard 7, n. 8 (11 novembre 1992): 50–51. http://dx.doi.org/10.7748/ns.7.8.50.s65.
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Michael, James Bret, George C. Dinolt, Frederick B. Cohen e Duminda Wijesekera. "Can You Trust Zero Trust?" Computer 55, n. 8 (agosto 2022): 103–5. http://dx.doi.org/10.1109/mc.2022.3178813.
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