The trust in Spanish and Italian private international law: Part I

Abstract

Civil Law jurisdictions' recognition of trusts depends on the individual conflict of law rules of each jurisdiction. The Hague Convention on the Recognition and Enforcement of Trusts intends to bring a degree of certainty into how a foreign trust is received. However, the matter is complicated, in particular, as to the status granted in each jurisdiction to the convention. This article, based on a paper presented at the convention on Catalan Civil Law, ‘Los patrimonios fiduciarios y el trust’, held in Tarragona on 20 and 21 October 2005, examines the position of trusts under the conflict of law rules in Italy and in Spain and the impact made on the recognition of trusts by the Hague Convention. This article appears in two parts; in this first part the position in Italy is examined and the second part concludes with the position in Spain.