Buyadzhy H. Trust and Trust-Like Constructions: Implementation of International Standards into the Civil Law of Ukraine

Following the thesis research, the author has developed the contemporary concept of the trust, established regularities of qualification, recognition and incorporation of the trust institute into the law of the countries of different legal systems, as well as has prepared recommendations on improvement of the current legislation of Ukraine that govern public relations arising out of property management and fiduciary ownership. In the dissertation the most popular theories of the origin of the trust have been investigated, the analysis of the concept, characteristic features and legal nature of trust, peculiarities of creation, changing conditions and termination of the trust have been analyzed, and a conceptually new approach to understanding the concept of "split ownership" has been formulated. In the work the legislation and judicial practice of foreign countries have been analyzed and various types of trusts and trust-like constructions that exist in the law of countries which belong to different legal systems (England, the USA, Scotland, Canadian province of Quebec, Italy, France, Switzerland, Germany, South Africa Republic, Japan, China, etc.) have been explored. Based on the analysis of judicial practice of other countries mechanisms for solving problem issues of qualification and recognition of trust in countries that do not have a division of the law into common law and equitable law have been proposed.