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Trusts and Patrimonies$
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Remus Valsan

Print publication date: 2015

Print ISBN-13: 9780748697748

Published to Edinburgh Scholarship Online: September 2017

DOI: 10.3366/edinburgh/9780748697748.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 26 September 2021

Dual Patrimony Dutch Style: The Magic Spell for Introducing the Trust in the Netherlands?

Dual Patrimony Dutch Style: The Magic Spell for Introducing the Trust in the Netherlands?

Chapter:
(p.221) 10 Dual Patrimony Dutch Style: The Magic Spell for Introducing the Trust in the Netherlands?
Source:
Trusts and Patrimonies
Author(s):

Emile Schmieman

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748697748.003.0010

This chapter considers the possibility of conceptualising a Dutch trust using the dual patrimony theory — the concept where a person, natural or legal, holds two patrimonies that are distinct from each other. It begins with a discussion of the main obstacles in Dutch law for the introduction of a trust, including the indivisibility of ownership, statutory prohibition of fiduciary transfers, and paritas creditorum. It then examines how these obstacles have been partly overcome over the years and how the doctrine of separate patrimony could possibly lead to a definitive solution. It also looks at several instruments leading to a separate patrimony and concludes with an overview of some issues that could arise even if the trust were considered to be a separate patrimony, including the potential negative impact on trust creditors, the separation of trust assets from the trustee's personal assets, and the trustee's power to dispose of the trust assets.

Keywords:   fiduciary transfers, Dutch trust, dual patrimony, Dutch law, ownership, paritas creditorum, separate patrimony, trust creditors, trust assets, personal assets

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