Thesis is the first specific comprehensive research of legal regulation of fiduciary relations in common law and continental law countries in Ukrainian science.
The issue of legal regulation of fiduciary relations remains one of the most challenging in private international law, the complexity of which is particularly determined by the peculiarities of the common law and continental law legal systems.
This thesis carried out a legal analysis of the legal nature of the fiduciary relations, their characteristic features are marked out, a comprehensive comparative legal analysis of the model of fiduciary (trust) relations in common law at the current stage of its development and fiduciary constructions in continental law countries is carried out, as well as the issues and prospects of unification of fiduciary relations in private international law are determined particularly related to qualification issues and conflict of laws. To illustrate the issue of compatibility or incompatibility of the fiduciary construction of the English trust and the continental legal system, the issue of the necessity and feasibility of transferring property into trust ownership in continental law countries is investigated, considering the constructions existing in the domestic law of these countries, aimed at achieving similar results.
Fiduciary legal relations can be defined as legal relations, the content of which is the provision by one subject of another subject with opportunities to exercise his right, in order for the other one to exercise this right in relations with third parties for the benefit of the former, however he acts, exercising them in their own interests. In other words, such legal relations can be called fiduciary, in which the trust of one participant in another or the mutual trust of the participants is the motive for the emergence, existence and termination of legal relations. The motive of trustworthiness in such legal relations becomes their additional element that permeates the essence of legal relations. This element is the basis for determining the rules of legal regulation of trust (fiduciary) relations.
It is substantiated that an immanent property of fiduciary legal relations is the delegation of the owner’s powers, that is, the replacement of one subject of legal
relations with another, and not by law, as, for example, in case of representation, but by virtue of a contract. Thus, the content of the fiduciary relationship is the powers and duties of the fiduciary (fiduciary duties) in relation to the person on whose behalf he acts, whose property he disposes of.
