Abstract
In this paper it is submitted that Dutch society would benefit from having something ‘which resembles a common law trust. Trusts have a number of advantages, efficient insolvency protection being the most important one, while sufficient tools are available in Dutch law to remedy abuses of trust. The Dutch ‘trust’ should be a ‘reinforced’ fiducia cum amico: the trust assets are legally owned by the trustee but form a separate fund which is immune against claims by the personal creditors of the trustee. The trust laws of the mixed jurisdictions could serve as a precedent for developing a Dutch ‘trust’ and so could the Principles of European Trust Law (which themselves have benefited from the experience of the mixed jurisdictions).
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