The ways of creating a trust

Abstract

This article explores the ways of creating a trust, according to Article 2074 of the Civil Code of the Republic of Moldova. To shed light on the legislative inspiration and the distinct characteristics of various methods of establishment, a comparative analysis is conducted concerning the provisions outlined in Book X (Trusts) of the Draft Common Frame of Reference, as well as the Civil Codes of the Province of Quebec, France, Romania, and the Republic of Moldova. The discussion emphasizes the ways for voluntarily creating a trust, namely by contract, unilateral declaration, and will, all of which are comprehensively regulated. Additionally, the article addresses the mechanism of creating a trust through administrative act or court decision, situations that necessitate explicit legislative regulation before implementation. The paper also delves into the relationship between ‘law’ and ‘administrative act’ as sources of trusts, presenting a hypothesis that the legislator intentionally substituted this term in the legislation of the Republic of Moldova.