Subject Composition of the Contract of Trust Management of the Property of the Missing Person

Abstract

Relevance. A missing person is not a ground for terminating the legal relationship in which he or she was involved. The missing person's property should be preserved and protected from the claims of third parties. For this purpose it is advisable to conclude a property trust agreement. However, the legislation contains gaps with regard to the procedure of its conclusion, which leads to unjustified refusals successfully appealed by the persons concerned in court. Their elimination will make it possible to apply this construction more often on the basis of the provisions of a single legal act enshrining the procedure for concluding an agreement and its standard form.The purpose is to substantiate the need to improve the legislation regulating the legal position of the subjects of the contract of trust management of the property of the missing person, including when it is concluded.Objectives are to identify the features of the legal regulation of the contract of trust management of the property of the missing person; to determine the criteria for the trustees of the studied agreement; to substantiate and formulate proposals for the improvement of civil legislation in the analyzed sphere.Methodology. The methods of analysis and synthesis, comparison, the method of ascending from the abstract to the concrete and the formal-legal method were used in the study.Results are of a theoretical and applied nature and contain suggestions for improving the legislation in terms of trust management of the property of the missing person in order to eliminate gaps in the law and increase the frequency of its use by the guardianship and trusteeship authorities.Conclusion. Contradictions to the civil legislation of rules of trust management of property of the missing person in subjects of the Russian Federation are revealed, for elimination of which it is offered to develop uniform regulations of definition of the candidate of the trustee of property of the missing person and order of the conclusion of the corresponding contract. It has been determined that when selecting a candidate for a trustee, a guardianship authority should take into account the necessary knowledge and skills, confirmed by documents; absence of a negative history of guardianship before and tax debts. It is proposed to create a unified database of trustees of the property of the missing person.