2, ; G Broggini “Folgen der Ratifikation des Trusts—Übereinkommens in 27 –31); M Lupoi Introduzione ai Trusts: Diritto Inglese, Convenzione dell’Aja. Convenzione dell’Aja sugli aspetti civili della sottrazione internazionale di minori Convenzione relativa alla legge applicabile ai trust ed al loro riconoscimento. Ratifica ed esecuzione della convenzione sulla legge applicabile ai trusts e sul loro riconoscimento, adottata da L’Aja il 1° luglio

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Convenzione relativa alla legge applicabile ai trust ed al loro riconoscimento. I doveri del trustee – 3. Convenzione dell’Aja sugli aspetti civili della sottrazione internazionale di minori There is one exception to this: But I do not think he used that power for the purpose of extorting the agreements.

The accession shall have effect only as regards the relations between the acceding State and those Contracting States which have not raised an objection to its accession in the twelve months after the receipt of the notification referred to in Article Given the importance of trusts of funds of movables, such connotation is undesiderable.

Any Contracting State may reserve the right to apply the provisions of Chapter III only to trusts the validity of which is governed by the law of a Contracting State.

The denunciation takes effect on the first day of the month following the expiration of six months after the notification is received by the depositary or on such later date as is specified in the notification. This is a shorthand way of saying that the obligations of the trustees are solidary. National Westminster Bank []. This principle has the effect of keeping the assets vested in the persons and only the persons who were intended to administer the assets as the trustees.

A trust shall be governed by the law chosen by the settlor. Hudson, Understanding equity and trust, Abingdon,p. Valas, Trust, applicazioni nel diritto commerciale e azioni a tutela dei diritti in trust, volume I, Torino,p.

HCCH | #30 – Full text

La disciplina straniera, sia essa scelta dal disponente Any Contracting State may denounce this Convention by a formal notification in writing addressed to the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention.


Any Contracting State may at any time withdraw a reservation which it has made; the reservation shall cease to have effect on the first day of the third calendar month after notification of the withdrawal.

Most users should sign in with their email address. You do not currently have access to this article. Convenzione relativa alla notificazione e alla comunicazione all’estero degli atti giudiziari e extragiudiziari in materia civile o commerciale The choice must be express or be implied in the terms of the instrument creating or the writing evidencing the trust, interpreted, if necessary, in the light of the circumstances of the case.

Have resolved to conclude a Convention to this effect, and have agreed upon the following provisions. Convenzione volta a facilitare l’accesso internazionale alla giustizia. In relation to this trust, that would have meant a review carried out at least annually, and whenever else a reappraisal of the trust portfolio was requested or was otherwise requisite. A representative is a person who is authorised to effect juridical acts on behalf of the legal person by its constitution.

Continuando la navigazione, accetti la nostra Informativa sui cookie. In any case the inclusion of such an institution would have taken these rules into the furthest reaches of the trust model aia beyond anything which might realistically be contemplated as European trust law model. Businessmen of ordinary prudence may, and frequently do, select investments which are trusy or less aaja a speculative character; but it is the duty of a trustee to confine himself not only to the class of investments which are permitted by the settlement or by statute, but to avoid all such investments of that class as are attended with hazard.

Convenzione dell’Aia sulla protezione dei minori e sulla cooperazione in materia di adozione internazionale Commissione per le Adozioni Internazionali Any Contracting State may, at any time, declare that the provisions of the Convention will be extended to trusts declared by judicial decisions.

Related articles in Google Scholar. The Convention shall not prevent the application of rules of law more favourable to the recognition of trusts.



The Convention does not apply to the extent that the law specified by Chapter II does not provide for trusts or the category of trusts involved. Such an objection may also be raised by Member States at trist time when they ratify, accept or approve the Convention after an accession.

Trustee Actartt. Gulliver []; Boardman v.

Convenzione sull’assunzione all’estero delle prove in materia civile o commerciale. However, introducing the sort of rigid prerequisites to the creation of trusts [ In this it differs essentially from the other Hague Conventions which deal on the level of conflict of laws, of conflict of jurisdictions or recognition and enforcement of judgments, with institutions such as adoption, divorce, sales contracts or maintenance obligations governed to be sure by divergent rules of private international ocnvenzione in different States, but known everywhere.

The principles on which equity operated were considered to be more lyrical than legal. It would be entirely counter-productive to the collective management of the trust fund by the trustees if each might alone dispose of a share in trust assets.

The Convention does not prevent the application of provisions of the law designated by aha conflicts rules of the forum, in so far as those provisions cannot be derogated from by voluntary act, relating in particular to the following matters.

Convenzione relativa alla notificazione e alla comunicazione all’estero degli atti giudiziari e extragiudiziari in materia civile convenziione commerciale. A trust created in accordance with the law specified by the preceding Chapter shall be recognised as a trust. For example, the traditional classification of trusts, as express, implied, resulting, or constructive, makes it hard to compare the creation of trusts with the creation of other legal rights and obligations.

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