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Italian trust law information


In Italian trust law, a trust is a particular juridical instrument by which a settler (disponente) can transfer a property (movable or immovable property) to a trustee, who has to exercise and manage this right for a beneficiary (to whom the full property will be transferred with the termination of the trust) who has the "equitable right". In civil law systems, the beneficiary's right is not a "diritto reale" but a "personal right" towards the "trustee". If it is not foreseen by the constitutive contract, the property assets cannot be alienated by either the trustee or the beneficiary. Trust property cannot be foreclosed by the personal creditors of the trustee, the beneficiary, or their heirs.

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