The trust in Spanish and Italian private international law Part II

This is the concluding part of the Article of which the firstpart appeared in the (September QUERY FOR OXFORD) issue of Trusts& Trustees and which dealt with the position of trusts underItalian conflict of law. This second part examines the positionunder Spanish conflict of law rules and the impact that theHague Convention might have on it.     

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

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

The law applicable in Italy to the capacity of natural persons in relation to trusts

This article highlights the substantive law categories of capacityof natural persons and the corresponding characterization accordingto international private law; the law applicable to the capacityof the settlor; the law applicable to the capacity of the trustee,of the protector and of other persons in a similar positionof the first one; the law applicable to the capacity of thebeneficiary; the law applicable to the capacity to choose thegoverning law of the trust, and the law applicable to the capacityto stand in legal testings of the Trusts subjects.