Trust
The Trust is a legal institution.
This term means that the trust assets are segregated from the remaining assets of the Trustee. They are owned by him but are not confused with his other assets precisely because the property of the Trustee is particular: it is emptied of all the utilities that the asset can provide to the owner and is aimed at implementing the program established by the Settlor. The Trustee cannot personally benefit from being the owner of the trust assets, he cannot make the fruits his own, nor enjoy the assets themselves, he is only required to use them (manage them, sell them, exchange them, etc.) in the interest of the Beneficiaries. Segregation means that in the event of the death of the Trustee, the trust assets do not fall within his hereditary succession, but continue to be governed by the rules of the trust act, passing into the property of the next Trustee. Furthermore, even if the Trustee is married under a legal communion of assets regime, the trust assets are excluded from this regime: the purchase is always personal as it is functionalized to the trust program.
Finally, if personal events lead to the bankruptcy of the Trustee or to the establishment of executive procedures or revocatory actions against him, the trust assets cannot be attacked by the personal creditors of the Trustee as they are segregated in his assets that is subject to a "bond of the all in the interest of the beneficiaries. So the situation of the trust property is as follows:
• They are no longer than the Settlor who stripped them by placing them under the control of the Trustee, leaving the scene;
• They are separated from the remaining assets of the Trustee, as stated above;
• They are not yet Beneficiaries to whom they will arrive only at the end of the Trust.
• They are no longer than the Settlor who stripped them by placing them under the control of the Trustee, leaving the scene;
• They are separated from the remaining assets of the Trustee, as stated above;
• They are not yet Beneficiaries to whom they will arrive only at the end of the Trust.