Convention of 1 July 1985 on the Law Applicable to Trusts and on their Recognition
Party (common law)
Party (civil law)
Signatory that did not ratify
Signed
1 July 1985
Location
Netherlands
Effective
1 January 1992
Condition
ratification by 3 states
Parties
14
Depositary
Ministry of Foreign Affairs (Netherlands)
Languages
French and English
Conflict of laws and private international law
Preliminaries
Characterisation
Incidental question
Renvoi
Choice of law
Conflict of laws in the United States
Public policy doctrine
Hague Conference
Definitional elements
Jurisdiction
Procedure
Forum non conveniens
Lex causae
Lex fori
Forum shopping
Lis alibi pendens
Connecting factors
Domicile
Lex domicilii
Habitual residence
Nationality
Lex patriae
Lex loci arbitri
Lex loci rei sitae
Lex loci contractus
Lex loci delicti commissi
Lex loci actus
Lex loci solutionis
Lex loci protectionis
Proper law
Lex loci celebrationis
Choice of law clause
Dépeçage
Forum selection clause
Substantive legal areas
Status
Capacity
Contract
Tort
Marriage
Divorce
Property
Forced heirship
Hague Trust Convention
Enforcement
Enforcement of foreign judgments
Anti-suit injunctions
Revenue rule
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The Hague Convention on the Law Applicable to Trusts and on their Recognition, or Hague Trust Convention is a multilateral treaty developed by the Hague Conference on Private International Law on the Law Applicable to Trusts. It concluded on 1 July 1985, entered into force 1 January 1992, and is as of September 2017 ratified by 14 countries. The Convention uses a harmonised definition of a trust, which is the subject of the convention, and sets conflict rules for resolving problems in the choice of the applicable law. The key provisions of the Convention are:
each party recognises the existence and validity of trusts. However, the Convention only relates to trusts with a written trust instrument. It would not apply trusts which arise (usually in common law jurisdictions) without a written trust instrument.
the Convention sets out the characteristics of trusts under the convention.
the Convention sets out clear rules for determining the governing law of trusts with a cross-border element.
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