Trusts in Civil Law and Mixed Jurisdictions
Project Description
The global importance of trusts as vehicles for wealth management is on the increase. However, it can be noted that the use of trusts in Liechtenstein is on the decline. There are a number of factors responsible for this development: the inherent difficulties in using a common law instrument in a civil law environment as well as the lack of statutory reform, case law and literature on Liechtenstein trusts.
This project aims to overcome these hurdles by achieving three objectives, namely identifying the problems faced in Liechtenstein trust law, identifying and evaluating the solutions offered in other civil law jurisdictions using comparative law methods and assessing the feasibility of incorporating such solutions or new solutions developed on the basis of the research into Liechtenstein law.
This project is the first of its kind with reference to Liechtenstein. While comparative law analyses encompassing Liechtenstein trust law exist, they have to date been confined to a comparison with the trust laws of common law jurisdictions or the German fiduciary Treuhand. Most of the international comparative law publications which focus on the trust in civil law jurisdictions do not refer to Liechtenstein specifically.
In order to achieve the goals set, the project will be divided into three phases, each requiring different research methods. Emphasis will be placed on obtaining information through analysis of the sources of law and legal literature. However, empirical research will also be necessary to fill in any possible gaps.
The anticipated outcome of the project is a solid foundation for the further development of statutory law and case law. The project results will be disseminated through the publication of articles and presentations at conferences. This will make the results accessible to other academics and to practitioners, thereby both increasing academic discussion on the subjects and benefiting the consulting industry.
This project aims to overcome these hurdles by achieving three objectives, namely identifying the problems faced in Liechtenstein trust law, identifying and evaluating the solutions offered in other civil law jurisdictions using comparative law methods and assessing the feasibility of incorporating such solutions or new solutions developed on the basis of the research into Liechtenstein law.
This project is the first of its kind with reference to Liechtenstein. While comparative law analyses encompassing Liechtenstein trust law exist, they have to date been confined to a comparison with the trust laws of common law jurisdictions or the German fiduciary Treuhand. Most of the international comparative law publications which focus on the trust in civil law jurisdictions do not refer to Liechtenstein specifically.
In order to achieve the goals set, the project will be divided into three phases, each requiring different research methods. Emphasis will be placed on obtaining information through analysis of the sources of law and legal literature. However, empirical research will also be necessary to fill in any possible gaps.
The anticipated outcome of the project is a solid foundation for the further development of statutory law and case law. The project results will be disseminated through the publication of articles and presentations at conferences. This will make the results accessible to other academics and to practitioners, thereby both increasing academic discussion on the subjects and benefiting the consulting industry.
Relevance to Liechtenstein
The aim of this project is to identify the problems faced in Liechtenstein trust law, to identify and evaluate the solutions offered in other civil law jurisdictions and to assess the feasibility of incorporating such adapted solutions or newly developed solutions into Liechtenstein law. It must be highlighted that this project is the first of its kind with reference to Liechtenstein. In this project, civil law jurisdictions facing similar problems in regard to trust law will be examined. The anticipated outcome of the project is a solid foundation for the further development of statutory law and case law.
Participating Institutions
Forschungsförderungsfonds der Universität Liechtenstein
/ Sponsor
Chair of Company, Foundation and Trust Law
/ Project Lead
Regierung des Fürstentums Liechtenstein
/ Sponsor
Liechtensteinische Treuhandkammer
/ Sponsor
