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June 6, 2026Journal on European history of law0 citationsOpen Access

On the Emergence and Development of the Trust Legal Institution

ISIstván Sándor

Key Points

  • The aim is to provide a detailed exploration of how the trust institution evolved from the Middle Ages to the 19th century.
  • Historical analysis of legal developments from the Middle Ages to the 19th century
  • Examination of the trust's principles in relation to Roman law traditions
  • Description of the trust's unique features within private law
  • Identified key stages in the evolution of the trust institution over several centuries.
  • Explained the conflict between the Anglo-Saxon trust system and traditional Roman law property rights.
  • Highlighted the significance of the equity concept in the development of trust law.

Abstract

In the history of law, the English institution of the trust is one of the most original institutions of the private law. A jurist who studies and deals with legal systems based on the traditions of Roman law applies the principle of the numerus clausus of property rights. Therefore, in the theory of civil law, the Anglo-Saxon institution of the trust with split ownership structure appears to be an alien concept. To understand the unique feature of the equity and the trust institution it is unavoidable to discover the historical background of these. This work aims to provide a comprehensive description of the emergence and development of the trust from the Middle Ages until the 19th century.

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Cite This Study

István Sándor (2022) studied this question.

synapsesocial.com/papers/6a23b80771a5da9775e74669https://doi.org/10.66847/jehl.v7i2.966
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