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Italian Trust Law
In Italian trust law, a trust is a particular juridical instrument by which a settler (''disponente'') can transfer a property ( movable or immovable property) to a trustee, who has to exercise and manage this right for a beneficiary (to whom the full property will be transferred with the termination of the trust) who has the " equitable right". In civil law systems, the beneficiary’s right is not a "diritto reale" but a "personal right" towards the "trustee". If it is not foreseen by the constitutive contract, the property assets cannot be alienated by either the trustee or the beneficiary. Trust property cannot be foreclosed by the personal creditors of the trustee, the beneficiary, or their heirs. Current situation In Italy, trusts can be used thanks to the adoption of the Hague Convention (1 July 1985), effective from 1 January 1992. The "trust interno" is a domestic trust, but refers to a foreign regulation because as of August 2010 Italy does not have a complete and ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law
A trust is a legal relationship in which the holder of a right gives it to another person or entity who must keep and use it solely for another's benefit. In the Anglo-American common law, the party who entrusts the right is known as the "settlor", the party to whom the right is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the " beneficiary", and the entrusted property itself is known as the "corpus" or "trust property". A ''testamentary trust'' is created by a will and arises after the death of the settlor. An ''inter vivos trust'' is created during the settlor's lifetime by a trust instrument. A trust may be revocable or irrevocable; an irrevocable trust can be "broken" (revoked) only by a judicial proceeding. The trustee is the legal owner of the property in trust, as fiduciary for the beneficiary or beneficiaries who is/are the equitable owner(s) of the trust property. Trustees thus have a fiduciary duty to manage th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Government Of Italy
The government of Italy is in the form of a democratic republic, and was established by a constitution in 1948. It consists of legislative, executive, and judicial subdivisions, as well as a Head of State, or President. The Italian Constitution is the result of the work of the Constituent Assembly, which was formed by the representatives of all the anti-fascist forces that contributed to the defeat of Nazi and Fascist forces during the Italian Civil War. Article 1 of the Italian constitution states: ''Italy is a democratic Republic founded on labour. Sovereignty belongs to the people and is exercised by the people in the forms and within the limits of the Constitution''. By stating that Italy is a democratic republic, the article solemnly declares the results of the constitutional referendum which took place on 2 June 1946. The State is not a hereditary property of the ruling monarch, but it is instead a '' Res Publica'', belonging to everyone. The people who are called to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Waqf
A waqf ( ar, وَقْف; ), also known as hubous () or '' mortmain'' property is an inalienable charitable endowment under Islamic law. It typically involves donating a building, plot of land or other assets for Muslim religious or charitable purposes with no intention of reclaiming the assets. A charitable trust may hold the donated assets. The person making such dedication is known as a ''waqif'' (a donor). In Ottoman Turkish law, and later under the British Mandate of Palestine, a ''waqf'' was defined as usufruct state land (or property) from which the state revenues are assured to pious foundations. Although the ''waqf'' system depended on several hadiths and presented elements similar to practices from pre-Islamic cultures, it seems that the specific full-fledged Islamic legal form of endowment called ''waqf'' dates from the 9th century AD (see below). Terminology In Sunni jurisprudence, ''waqf'', also spelled ''wakf'' ( ar, وَقْف; plural , ''awqāf''; tr, vak ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Trust Law
United States trust law is the body of law regulating the legal instrument for holding wealth known as a trust. Most law regulating the creation and administration of trusts in the United States is now statutory at the state level. In August 2004, the National Conference of Commissioners on Uniform State Laws created the first attempt to codify generally accepted common law principles in Anglo-American law regarding trusts into a uniform statutory code for the fifty states, called the Uniform Trust Code (UTC). As of July 2012, 25 states have adopted some substantive form of the UTC with three others having introduced it into the legislature for adoption. The goal of the uniform law is to standardize the law of trusts to a greater extent, given their increased use as a substitute for the "last will and testament" as the primary estate planning mechanism for the affluent. Despite the uniform law, however, differences remain, as states still harbor rich differences in fiduciary law. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Trust Law In England And Wales
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fund m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Henson Trust
A Henson trust (sometimes called an absolute discretionary trust), in Canadian law, is a type of trust designed to benefit disabled persons. Specifically, it protects the assets (typically an inheritance) of the disabled person, as well as the right to collect government benefits and entitlements. The key provision of a Henson trust is that the trustee has "absolute discretion" in determining whether to use the trust assets to provide assistance to the beneficiary, and in what quantity. This provision means that the assets do not vest with the beneficiary and thus cannot be used to deny means-tested government benefits. An example of such a benefit is the Ontario Disability Support Program. In addition, the trust may provide income tax relief by being taxed at a lower marginal rate than if the beneficiary's total assets were considered. However if the trust was established for a person with a disability in Canada, who has qualified for the Disability Tax Credit the trustees can us ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Australian Trust Law
Australian trust law is the law of trusts as it is applied in Australia. It is derived from, and largely continues to follow English trust law, as modified by state and federal legislation. A number of unique features of Australian trust law arise from interactions with the Australian systems of company law, family law and taxation. General law of trusts A trust is a three-party fiduciary relationship in which the first party, the trustor or settlor, transfers ("settles") property (often but not necessarily a sum of money) upon the second party (the trustee) for the benefit of the third party, the beneficiary. This trustee relationship may arise as a result of the trustee entering into an agreement with the settlor (commonly in the form of a trust deed) (also called an ''inter vivos'' trust), as a result of a testamentary trust or as a result of the operation of law as a constructive trust or resulting trust. In each case, the trustee holds the legal title to the property ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Argentinian Legal System
The Legal system of Argentina is a Civil law legal system. The pillar of the Civil system is the Constitution of Argentina (1853). The Argentine Constitution of 1853 was an attempt to unite the unstable and young country of the United Provinces of the Río de la Plata under a single law, creating as well the different organisms needed to run a country. This constitution was finally approved after failed attempts in 1813 (see Assembly of 1813), 1819 and 1831 (Pacto Federal). Structure of the Law in Argentina ;Constitution of Argentina :# Bill of Rights :# Form of Government :# Delegation of Powers to the National :# Precedence of Laws - International Treaties :# Provincial Constitutions ;Civil Code of Argentina The first Civil Code was written by Argentine jurist Dalmacio Vélez Sársfield, and came into effect on January 1, 1871 and remained law until 1 August 2015, when it was replaced by a new Civil and Commercial Code - ''Código Civil y Comercial de la Nación''. The 18 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawyer
A lawyer is a person who practices law. The role of a lawyer varies greatly across different legal jurisdictions. A lawyer can be classified as an advocate, attorney, barrister, canon lawyer, civil law notary, counsel, counselor, solicitor, legal executive, or public servant — with each role having different functions and privileges. Working as a lawyer generally involves the practical application of abstract legal theories and knowledge to solve specific problems. Some lawyers also work primarily in advancing the interests of the law and legal profession. Terminology Different legal jurisdictions have different requirements in the determination of who is recognized as being a lawyer. As a result, the meaning of the term "lawyer" may vary from place to place. Some jurisdictions have two types of lawyers, barrister and solicitors, while others fuse the two. A barrister (also known as an advocate or counselor in some jurisdictions) is a lawyer who typically specia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporate Taxation
A corporate tax, also called corporation tax or company tax, is a direct tax imposed on the income or capital of corporations or analogous legal entities. Many countries impose such taxes at the national level, and a similar tax may be imposed at state or local levels. The taxes may also be referred to as income tax or capital tax. A country's corporate tax may apply to: * corporations incorporated in the country, * corporations doing business in the country on income from that country, * foreign corporations who have a permanent establishment in the country, or * corporations deemed to be resident for tax purposes in the country. Company income subject to tax is often determined much like taxable income for individual taxpayers. Generally, the tax is imposed on net profits. In some jurisdictions, rules for taxing companies may differ significantly from rules for taxing individuals. Certain corporate acts or types of entities may be exempt from tax. The incidence of corporate ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Corporation
A corporation is an organization—usually a group of people or a company—authorized by the state to act as a single entity (a legal entity recognized by private and public law "born out of statute"; a legal person in legal context) and recognized as such in law for certain purposes. Early incorporated entities were established by charter (i.e. by an ''ad hoc'' act granted by a monarch or passed by a parliament or legislature). Most jurisdictions now allow the creation of new corporations through registration. Corporations come in many different types but are usually divided by the law of the jurisdiction where they are chartered based on two aspects: by whether they can issue stock, or by whether they are formed to make a profit. Depending on the number of owners, a corporation can be classified as ''aggregate'' (the subject of this article) or '' sole'' (a legal entity consisting of a single incorporated office occupied by a single natural person). One of the most att ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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