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Hereditary Funds in USA and Russian Law (Comparative Analysis)

Student: Simonova Dariya

Supervisor: Dmitry Mikhailovich Maksimov

Faculty: Faculty of Law

Educational Programme: Private International Law (Master)

Final Grade: 9

Year of Graduation: 2018

On September 1, 2018, Federal Law No. 259 of July 29, 2017 "On Amending Part One, Two and Three of the Civil Code of the Russian Federation", which introduces a new form of legal entity - the Inheritance Fund, comes into force. Abroad, an institution for such purposes is called a trust. For the first time trusts appeared in England in the XI century. American lawyers have improved the form of property ownership, while Russian lawyers only have to get acquainted with this institution of inheritance. Object - hereditary funds, regulated by the rules of law and developing in connection with the creation and execution of inheritance obligations in Russian law and USA legal system. Subject - the legal norms governing the establishment and operation of hereditary funds in the United States of America and in the Russian Federation. Purpose - to analyze materially the legal regulation of the activities of hereditary funds and their place in the system of Russian and American law, approaches to the solution of conflict problems in relation to hereditary legal relations. Methods - general scientific methods of analysis and synthesis, as well as special legal and branch methods, including historical and comparative methods. Keywords: hereditary funds; trust; trustee; beneficiary; settler; judicial practice; common law; conflict rules; national legislation.

Full text (added May 14, 2018)

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