Trusts in the Civil Law: Making Use of the Experience of ‘Mixed’ Jurisdictions - European Review of Private Law View Trusts in the Civil Law: Making Use of the Experience of ‘Mixed’ Jurisdictions by - European Review of Private Law Trusts in the Civil Law: Making Use of the Experience of ‘Mixed’ Jurisdictions 8 3

In this paper it is submitted that Dutch society would benefit from having something ‘which resembles a common law trust. Trusts have a number of advantages, efficient insolvency protection being the most important one, while sufficient tools are available in Dutch law to remedy abuses of trust. The Dutch ‘trust’ should be a ‘reinforced’ fiducia cum amico: the trust assets are legally owned by the trustee but form a separate fund which is immune against claims by the personal creditors of the trustee. The trust laws of the mixed jurisdictions could serve as a precedent for developing a Dutch ‘trust’ and so could the Principles of European Trust Law (which themselves have benefited from the experience of the mixed jurisdictions).

European Review of Private Law