Italy: The Trust Interno

THE INTERNATIONAL TRUST, Third Edition, pp. 787-817, D. Hayton, ed., Jordan Publishing, 2011

Oxford Legal Studies Research Paper No. 8/2012

Posted: 11 Feb 2012 Last revised: 13 Mar 2012

See all articles by Alexandra Braun

Alexandra Braun

School of Law, University of Edinburgh

Date Written: February 10, 2012

Abstract

When in 1989 the Italian Parliament decided to ratify the Hague Convention of 1985 on the Law Applicable to Trusts and on their Recognition, nobody could possibly have predicted the tremendous changes that it would bring to the Italian legal landscape in the years to come. Within the space of only a few years the trust became an institution used in Italian legal practice, and the word ‘trust’ a term familiar to Italian academics, lawyers, notaries and judges alike. This chapter examines the phenomenon of the trust interni, that is to say trusts that are placed in Italy but entirely regulated by foreign law. It analyses the development of the instrument in Italy, its application and main features, as well as the approaches taken by the judiciary, the tax authorities and the legislature.

Suggested Citation

Braun, Alexandra, Italy: The Trust Interno (February 10, 2012). THE INTERNATIONAL TRUST, Third Edition, pp. 787-817, D. Hayton, ed., Jordan Publishing, 2011, Oxford Legal Studies Research Paper No. 8/2012, Available at SSRN: https://ssrn.com/abstract=2002783

Alexandra Braun (Contact Author)

School of Law, University of Edinburgh ( email )

Old College
South Bridge
Edinburgh, EH8 9YL
United Kingdom

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