Theme: Trust c. fiducie: combat égal? A comparative and interactive bilingual workshop on practical and operational aspects of the English trust and French fiducie
1. What is an English trust? What is a French fiducie? What are the main features of these two legal instruments?
2. What are the structural key differences between the English trust and the French fiducie?
3. What are the common uses of the English trust and the French fiducie?
4. What are the shortcomings of the French fiducie? Can the French fiducie be improved through the analysis of the use of English trusts?
5. Is there room for the English trust in the French law system, especially from a tax perspective?
6. What does the future hold for the English trust and the French fiducie? Are they competing or collaborating structures?
7. In light of the expected legal reforms to the French Fiducie, how do we get around the prohibition of the use of fiducies for the purpose of inheritance or donations (fiducie-libéralité)?
8. Is the French fiducie based on the Roman contract law concept of fiducia or rather inspired by the common law of trust?