EFTA01743545.pdf

From: Marie-Joseph Experton ‹ > To: Monsieur Epstein <jeevacationiagmail.com> Subject: EPSTEIN / Discussion on the trust institution Sent Tuesday, September 27, 2016 7:50:14 PM Thank you for this exchange on the trust institution. If you feel appropriate, donot hesitate to send me any draft legislation you may have. I would be very "intellectually" interestedI Voici ma contribution b votre reflexion sur ce sujet: NB- The use by the courts (over the past few decades) in many countries of the technic of the "constructive trust" clearly indicates that a new legislation relating to the trust institution should handle this issue, so as to avoid uncertainty resulting from a court decision having to decide upon a "constructive trust claim". NBbis: When I examined this issue in the late seventies at Oxford, I came to the conclusion that, for a non-common law lawyer (i.e. roman law lawyer), the trust should be considered, not so much as a mean of transferringsroperty rights, by as a way of holding property rights. Consequently, I believe that this should clearly be stated in any new legislation. Any legal provisions relating to the institution of "trust" should be a chapter of "how to held property rights" and not simply a chapter of "how to transfer property rights". To be creative/innovative: in a new legislation relating to the trust institution, there should be provisions concerning (i) the trust as a mean of holding property rights, and (ii) how "to transfer" property rights held in trust. Best regards. Marie-Joseph Experton Avocet au Barreau de Paris etabli A Bruxelles avenue Louise 65 bone 11 1050 Bruxelles EFTA_R1_00034990 EFTA01743545