Von der pia causa zur privatnützigen Vermögensbindung: Funktionen der Stiftung in den heutigen Privatrechtskodifikationen (From pia causa to Private Purposes: The Function of the Foundation in Modern Private Law Codifications)

Abstract

Once a legal basis for financial charity, the private law foundation – similar to the trust – has increasingly become a vehicle for owners to tie up their property for private purposes, namely creating dynastic wealth, perpetuating certain property and protecting assets from creditors. The article outlines some reasons why a legislator could restrict the use of the foundation as an instrument of private purpose.

This article is published in this Research Paper Series with the permission of the rights owner, Mohr Siebeck. All full-text Rabel Journal articles are available via pay-per-view or subscription at IngentaConnect, a provider of digital journals on the Internet.

Note: Downloadable document is in German.

Keywords: Foundations, trusts, perpetuities, family property, private purposes, codifications