LOS PATRIMONIOS FINANCIEROS Y EL TRUST.

Abstract

The pages above outline some points explaining why the recognition and subsequent regulation of trusts in our country would not collide with any principles of public order. The autoor shows evidence of the existence of some of the elements inherent in the trust in Spanish (and Catalan) law, such as autonomous and separate estates, recognised both by legislacion and by doctrine and case law, and follows this by analysing why the operacion of putting assets in a trust is not deserving of rejection of any sort based on a hypothetical violation of article 1911 of the Civil Code. The hypothesis of the «asset proteccion» trust is used as an example, because its recepcion in countries that already have trust regulations is that which arouses the most debate over the issue of allowing certain assets or incomes to be protected by the personal creditors of the trust maker. The acknowledgment of trusts in our country would not necessarily have to be branded, ab initio and a priori, as a fraudulent activity or institución.