The recognition of foreign trusts in French law: a comparative study of the English concept of trust and the litigation of trust law in France.

Summary Born in England, the concept of trust is inseparable from the legal system of equity, contrary to the acclimatizations that have been made. Litigation involving foreign trusts is sometimes brought before the French courts, even though French law does not recognize the concept of trust. However, the concept of trust does not run counter to the notion of patrimony and the idea of a numerus clausus of real rights, which are called into question in contemporary French law. The French concept of the public order of succession is, for its part, effectively protected. Moreover, the French judge has always tried to recognize foreign trusts, by the method of adaptation. But this leads to forced and erroneous analogies, which ratification by France of the Hague Convention of 1 July 1985, which proposes unified conflict of laws rules as well as a harmonized presentation of the characteristics and effects of trusts, would make it possible to mitigate.