Dektiaryov V. Trust ownership as a legal instrument for securing the fulfilment of obligations under a loan agreement

This qualification research is devoted to a comprehensive study of trust ownership as a legal mechanism for securing the performance of obligations under a loan agreement. The legal nature of trust ownership is analyzed, with a focus on its distinction from classical property rights and the specific features of fiduciary ownership as a type of real right. The first chapter explores national and foreign approaches to understanding trust ownership, emphasizing the need to unify Ukrainian legislation by incorporating European legal experience. The second chapter investigates the legal structure and contractual models for establishing trust ownership, the legal status of parties, the scope of rights, and the specifics of the legal regime of entrusted property. Both bilateral and trilateral models of fiduciary relations are identified and analyzed. The third chapter focuses on the legal consequences of breach or termination of obligations secured by trust ownership. It proposes improvements to enforcement mechanisms and transitional legal provisions. The study substantiates the need to expand the list of grounds for terminating trust ownership and confirms its accessory nature. The work provides a foundation for further codification of trust ownership rules within the Civil Code of Ukraine.