Real estate fiduciary projects in Comparative Law (Part One)

Abstract

Real estate fiduciary projects are characterized by receiving disparate treatment in Comparative law. Three different groups or regulatory scenarios can be distinguished: on the one hand, those legal systems in which it is firmly consolidated, as is the case of numerous Latin American ones; secondly, those legal systems that do not have a special regulation for these transactions but do have regulated fiduciary arrangements in general (and therefore allow the development of such operations within the framework of  the aforementioned general provisions); and a third group of States, which have not yet regulated the fiducia. This article focuses on the first scenario. The historical antecedents and the consolidation of the real estate fiduciary projects in Latin America are examined; and, subsequently, its functioning and structure, making special reference to the Colombian case, as it represents the most significant example of the institution.