Giacomo Rojas Elgueta

The «Special Purpose Fiduciary Contract» And The Settlor's Asset Protection

  • Abstract

Informations and abstract

Keywords: Fiduciary Contract; Asset Protection; Asset Partitioning; Legitimate Purpose.

The purpose of this study is to analyze the practical potential resulting from the combined application of two legal devices: the «fiduciary contract» and Article 2645-ter of the Italian Civil Code, which regulates the «acts committing funds to a specific purpose». In particular, the analysis offered in this study is aimed at pointing out the essential elements of a new proposed contract: the «special purpose fiduciary contract». Also, objective of this research is to verify whether the new suggested contract would be considered valid in case its only purpose is to grant the settlor's asset protection.

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