THE DEFAULT RULE OF THE TRANSFER BACK OF PROPERTY AS A CONSEQUENCE OF THE REAL CHARACTER OF A LUXEMBOURG FIDUCIARY CONTRACT.

Doctoral thesis (2021)

One of the objectives of the thesis is to reveal the theoretic foundations and the real character of the Luxembourg fiducie. The theoretic foundations of the Luxembourg fiducie shall support the answer to ... [more ▼]

One of the objectives of the thesis is to reveal the theoretic foundations and the real character of the Luxembourg fiducie. The theoretic foundations of the Luxembourg fiducie shall support the answer to the main question raised in the thesis regarding the (automatic) transfer of fiduciary assets to fiduciant/beneficiary as a default rule, which is not provided for by the law regulating fiducie. The (automatic) transfer of fiduciary assets to fiduciant/beneficiary after the expiration of a fiduciary agreement is supported by the real dimension of the fiduciary patrimony and the prerogatives of the parties of the fiduciary patrimony. The real dimension of the Luxembourg fiducie is demonstrated by fiduciary patrimony analysed as a patrimony by appropriation and universality. The automaticity of the transfer back of the fiduciary property is supported by the fact that transferability cannot be understood in a traditional way and a transfer by operation of law replaces a voluntary transfer of an owner. The main arguments which were exposed in the thesis in order to support the default rule of the transfer back of the property are based on the economic property, the understanding of fiduciary function as an office and fiduciary patrimony as a free-floating patrimony being at the same time the patrimony by appropriation and universality. [less ▲]