Schweizerisches Internationales Trustrecht

Commentary on the Hague Trust Convention on the Law Applicable to Trusts and their Recognition (HTC) of July 1, 1985, and on the Swiss implementation legislation of December 20, 2006. With the anticipated ratification of the convention and the amendments to the Private International Law Act (IPRG) and the Debt Enforcement and Bankruptcy Act (SchKG) in the summer of 2007, the legal foundations for the recognition of trusts will be placed on a predictable basis for the first time, thereby creating legal certainty for this important institution. This new commentary explains the internal connections of the HTC from a practitioner's perspective, as well as the implementation of the convention in Switzerland. In addition to discussions on the expected challenges in implementation, there are numerous references to the diverse new design possibilities that trusts offer.