Lyginamoji turto patikėjimo sampratos analizė Lietuvos ir anglo-saksų teisėje

Abstract

This paper explains the unique features and functions of the Trust in English law in contrast with Lithunian legal system, where the absence of the Trust is linked with the special principles and dogmatic structure of Property rights, as developed from original Roman law sources. The division of the powers and benefits of ownership that lies at the foundation of the Trust is shown to be historically and dogmatically untenable in Civil law system. The trust concept generally is thought to be foreign to continental civil law, and the exact equivalent of the trust institution cannot be achieved under that law. Despite their differences Common law and Civil law countries have functionally similar needs. Lithuania have enacted her own trust laws when the need for such an institution arose. How well these legislative objectives are achieved will depend on how the trust law principles embodied in the Trust Law operate within the framework of Lithuanian law. This raises questions as to whether and how the Trust Law can be explained in terms of the principles of civil law, rather than common law.