Transfer in trust in accordance with the first paragraph, article 1012 of the Civil Code on the basis of the relevant treaty.In its conclusion the two sides involved.Founder holds trust property to the trustee.At the conclusion of the contract determined by specific deadlines.The second party agrees to trust property in accordance with the interests of the right holder (owner) or a person referred to them (the beneficiary).
The above-mentioned agreement is considered a relatively new civil laws.With its conclusion drawn relations associated with the use of another's property, taking into account the interests of the owner (or right holder specified person).The reason can serve as the inability of the owner to use it yourself or inexperience.
In some cases, asset management involves the replacement property owner manager (or other authorized person) on the direct orders of the legitimate due to certain circumstances.These include: guardianship, patronage and guardianship, missing, death.In the latter case, the executor (executor) disposes of the property to the heirs of the entry into its own.
Unlike the rights of Anglo-American concept of "trust" Russian law clearly indicates that the trust property does not entail the transfer of the property to the control.Emerging as a result of the conclusion of the relevant treaty relationships are not considered in rem and Obligations.
Given the legal nature of, the trust agreement is an agreement on the provision of services.Thus, the aggregate of the actual control is performed, as well as legal manipulation, constituting a whole.In this regard, the subject of an agreement can not be considered as a simple combination of these services.
Trust Deed is a real, comes into force from the date of transition to manage the property in use.Agreement may be gratuitous or compensated, and has the character of both sides.If issued asset management real estate, the agreement comes into force after the state registration.
founder of the general rules must serve the owner.They can be a citizen, some exceptional actors and liability laws (the depositors of credit institutions, for example), public legal education, legal person or other.In cases stipulated by law Trustor can be not the legal owner, and other person, for example, the body of guardianship and trusteeship.
manager can only be a professional participant of the turnover - profit organization, the entrepreneur (individual).This is due to the fact that the essence of trust management is business.In other words, to make a profit for the owner from using his property.
In implementing the agreement on the grounds provided by law, the manager can act and the person is not an individual entrepreneur (executor or guardian of a minor), or a non-profit organization (eg fund), except institutions.
Asset management is installed on all the property of the copyright owner or a certain part of it.An independent object can not be the money.An exception is the situation envisaged by the relevant applicable law.
