The Construction of the Trust Property Management Contract in the Domestic Civil Law-Reference-Cited by-同舟云学术

The Construction of the Trust Property Management Contract in the Domestic Civil Law

Published:2023-08-31 Issue:3 Volume:24 Page:343-347
ISSN:1819-0928
Container-title:Academic Law Journal
language:ru
Short-container-title:

Author:

Belousov Vladimir¹^ORCID

Affiliation:

1. Baikal State University

Abstract

The article analyzes the provisions on the trust property management contract. The obligatory nature of relations on trust property management is proved. The place of the studied contract in the system of civil law obligations is determined according to the result criterion. It is concluded that this agreement is an independent type, included in the group of service agreements. The legal characteristics of the contract has been comprehensively investigated. The real model of the contract is substantiated. The conclusion about the bilaterally binding nature of this agreement is argued. The conclusion about classifying the agreement as fiduciary is not supported. An exhaustive list of the essential terms of the contract has been named. It is proposed to exclude from the list of essential conditions the name of the legal entity or the name of the citizen in whose interests the property is managed. The expediency of securing a mandatory written form of the contract and special consequences in case of its non-compliance has been confirmed. Proposals for improving legislation in this area have been formulated.

Publisher

Baikal State University

Reference16 articles.

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