The trust in Argentine Private International Law. An analysis based on a comparison with the Anglo-Saxon trust.

Abstract

This paper analyses trusts in Argentine Private International Law, based on the fact that they do not have specific rules on international jurisdiction and conflict of laws. The aspects compared to the Anglo-Saxon trust are studied, in its varieties and possibilities of assimilation of legal instruments. The multifunctionality of the trust and its “fit” in our Law is analysed. First, from the qualifications, which lead to having to elucidate, for example, whether we are dealing with a contract or a succession if it is a testamentary trust. This will change the rules of jurisdiction and applicable law, as well as the intensity of the scope of the police and public order rules. From the analogical analytical method, the decomposition was carried out when viewing the variables of applicable Law in its elements. In the possibility of applying foreign Law, the main and historical doctrines of how Law is applied in the USA are addressed, with special reference to the trust. We will see that because our Law regulates the trust as a contract, it does not lead per se to it being automatically assumed in that way. In mortis causa trusts, the existence of real estate in the Republic or respect for principles of legitimacy brings into play tensions between respect for the will of the testator and the principles of public order.