Thursday, May 20
15:30 - 16:30
Track: 9. Private Law
In our legal context, the question of trust adoption has a well-considered motivation to protect assets defined by specific purposes of designation. It is no coincidence that the legislator does not abandon attempts to allow the existence of personal (or trust) funds. However, the task of protecting assets without forming a legal entity is much more complex. Special accounts (nominal accounts, escrow accounts) serve this task today, but assets other than money need additional legal frameworks, which can be subject to a similar regime. The formation of special accounts requires the achievement of certainty along the same parameters, by which the protection of other assets also seems quite justified and achievable. On the other hand, the separation of specific assets from the estate (separation) also means the establishment of the privilege of foreclosure in favour of a certain creditor, which entails impairment of the other creditors’ rights and therefore requires special justification. The purpose of the discussion is to establish the requisites of property separation.
Points for discussion:
Chairman of the Board, Private Law Research Centre under the President of the Russian Federation named after S.S. Alexeev
Senior Vice-President, Bank Lombard Odier (Zurich)
Head of the Department of Theory and History of Private Law, Private Law Research Centre under the President of the Russian Federation named after S.S. Alekseev
Chairman, Committee on State Structure and Legislation, State Duma of the Federal Assembly of the Russian Federation, Russian Federation
Head of the Department of Corporate Law, Private Law Research Centre under the President of the Russian Federation named after S.S. Alekseev
* The Programme may be subject to change
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