Dolinskaya V.V. Securities as an Object of Trust Management as Part of the Inherited Property. Part 2
DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.12
Vladimira V. Dolinskaya, Doctor of Sciences (Jurisprudence), Professor, Department of Civil Law, Kutafin Moscow State Law University, Sadovaya-Kudrinskaya St, 9, 125993 Moscow, Russian Federation; Member of the Scientific Advisory Board, Supreme Court of the Russian Federation, Povarskaya St, 15, 121260 Moscow, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it. , https://orcid.org/0000-0002-6002-3111
Introduction: the specifics of the relationship for trust management of securities as part of the inheritance estate are mainly determined by the characteristics of the object. Due to the problems of the legal definition of securities and their open list and the gaps and contradictions in the legislation, the study aims to systematize the regulatory material and make recommendations to notaries and trust managers. As a result, the influence of the specific characteristics of securities on the relationship of trust management of them as part of the hereditary property is revealed; the directions for solving the problems of managing profitable securities, the trustee’s participation in general meetings of corporate participants, the multiplicity (in some cases) of trust management agreements, etc. are proposed. General conclusion: the law enforcement practice (within the framework of notarial activities and the activities of the trustee) should not fill the existing gaps; the comprehensive improvement of the legislation on inheritance law and on the securities market is necessary. It is recommended to adopt as a general rule the rule on the special legal status of a trustee, with an emphasis on their special knowledge. One of the solutions to the problem would be the creation of self-regulatory organizations or associations of trust managers of securities with limited tariffs for inherited property.
Key words: trust management, income, hereditary property, object of rights, securities.
Citation. Dolinskaya V.V. Securities as an Object of Trust Management as Part of the Inherited Property. Part 2. Legal Concept = Pravovaya paradigma, 2024, vol. 23, no. 2, pp. 94-101. (in Russian). DOI: https://doi.org/10.15688/lc.jvolsu.2024.2.12
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