Turto patikėjimo teisė ir jos ypatumai Lietuvos civilinėje teisėje.
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This article analyzes the institute of trust of estate. Trust of estate is well known in Common law countries under a term of trust, however in Continental law system countries this legal instrument is not widely spread. Lithuania might be considered as an exception, because trust of estate law in this country is being widely used to manage state and municipal property. However the law of trust of estate is not very popular for private estate planning. Article presents a genesis of trust of estate law and its main differences from Anglo- American trust. Conclusion is being made, that a trust of estate law in Continental law counties and Common law trust, although has similar shape, but in content has substantial differences. Further, a development of Lithuanian trust institute is being reviewed. Lithuanian law of trust of estate has developed under the influence of Russian civil law. So it has evident similarity to a regulation of trust of estate agreement in Russia. However there can be found essential differences between Lithuanian and Russian trust law, i.e. Lithuania considers trust of estate institute as proprietary (real) right, meanwhile Russian regulation acknowledges trust of estate as obligatory right. It is also being noted, that lawmaker of Lithuania has adopted Russian trust of estate law without any essential alterations. That is the reason, why Lithuanian trust law feels a lack of proprietary elements. Article suggests possible solutions, how to provide Lithuanian trust of estate law with some proprietary features, so this law would comply with a doctrine of proprietary (real) rights. Article envisages a duality of Lithuanian trust of estate institute, since it has a peculiarity to be applied for public and private property management. This characteristic is not common to other countries, therefore a presumption is being approached that Lithuanian trust of estate law should be divided into two segregated institutes to regulate management of public and private ownership. It could grant more flexibility for each separate institute and would conform to tendencies of private international trust law. Also this article deals with some problematic issues of regulation of Lithuanian public and private trust of estate law, and reveals the inadequacy of trust of public estate law with traditional understanding of trust doctrine and discloses drawbacks of trust of private estate law, that might predetermine narrow spreading of this institute in private relationship as well. Finally, conclusions are being made and particular proposals are being suggested to improve regulation of Lithuanian law of trust of estate. Keywords: Trust of estate law, agreement of trust of estate, trust, state and municipal property, derivative proprietary (real) right.
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