La superposición del fiduciario en Latinoamérica
This article is a reflection of the main problems that has the warranty trust in Latin America. It will analyze the role that the trustee must have in such agreement. In the first part, I will analyze the legal disputes that may arise about the trust and the effects in the case in which the truste...
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| Main Author: | |
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| Format: | Article |
| Language: | Spanish |
| Published: |
2017
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| Subjects: | |
| Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=7252116 |
| Source: | Revista Derecho Privado: (Universidad de los Andes), ISSN 1909-7794, Nº. 57, 2017 |
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| Summary: |
This article is a reflection of the main problems that has the warranty trust in Latin America. It will analyze the role that the
trustee must have in such agreement. In the first part, I will analyze the legal disputes that may arise about the trust and
the effects in the case in which the trustee supports a liability, when the controlling matrix is the transaction beneficiary.
The limitations of the trustee in its performances will be verified, specifically in the warranty trust.
In the second part, I will show the positions developed in each of the countries and the characteristic features of the regulation adopted. I will pose the arguments used by supporters of overlapping roles, those who reject and those who adopt an
intermediate position. The methodology used in this paper is comparative law, which implies a study of the regulations and
the treatments to the overlapping roles.
The particular interest of this discussion is to demonstrate the different theories that have emerged to defend or reject the
overlapping roles of the trustee. I will study the solutions adopted in each of these countries and the legal developments
of the figure. |
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