Perestyuk N. Characterization in Private International Law as illustrated with Anglo-Saxon Trust

This paper deals with trust concept as natural and intrinsic to common law countries first of all. Trust concept is considered on worldwide level (within the framework of the Hague Conference on Private International Law) and on European-wide level (governing Single Market within the framework of Acquis Communautaire). Key purpose of this paper in the trust context is to explore the area of qualification (characterization) as rather deep and controversial question arisen within varied doctrines of private international law. Varied doctrines of qualification (characterization) are explored and analised including three classic ones (lege fori, lege causae and autonomous) and their evolution presented in the history and geography context. In particular, especial attention was paid to interpret parallel findings on qualification (characterization) among the scholars representing “two-fold theory” (Batiffol in France), “la via media” (Falconbridge in Canada), “authonomous” (Rabel in Germany), “par la fonction” (von Overbeck in Switzerland) and summarised as “enlightened lege fori” by the recent one (with reference to Ferrer-Correia). Besides, there were mentioned qualification (characterization) doctrines of “primary and secondary” (Robertson in USA), “by interest” (Kegel in Germany), “by real vs. personal” (Frankenstein in Greece).