DE LA FIDUCIA GESTIÓN.

Abstract

The author defends the possibility of regulating the continental version of the trust in Spanish legislation. Based upon the 1985 Hague Convention, the author postulates the possibility of transferring domain from the owner to the trustee by cause of administration. The author also accepts the possibility of the trustee's being the holder of two bodies of property, the property in trust and the trustee's own property, such that each of these bodies of property has a different centre for the charging of credits and debits.
The author states the need for all regulations concerning trusts to be equipped with the appropriate legal guarantees.
First, through the registration of the immovable property belonging to the estate in trust, at our country's existing registers of legal security. Here the Property Registry becomes vitally important as a means of ensuring the publicity of the entrusted or personal nature of the assets the trustee holds. The author also defends the need for compliance with certain tax obligations as a way of ensuring the pertinent taxation and avoiding money laundering and capital flight.