TRADITIONS, TRANSPLANTS AND INEFFICIENCIES: THE CASE OF THE ‘PERUVIAN FIDEICOMISO’
This work tries to demonstrate the conceptual inconsistencies of the Latin American trust: the so-called fideicomiso. Likewise, this work tries to demonstrate that the Peruvian laws on this matter are not only defective in conceptual terms, but also inefficient in economics terms, since these laws...
| Autor Principal: | Escobar Rozas, Freddy; Pontificia Universidad Católica del Perú and Benites, De Las Casas, Forno & Ugaz, Attorneys at Law. |
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| Formato: | info:eu-repo/semantics/article |
| Idioma: | eng |
| Publicado: |
Pontificia Universidad Javeriana
2006
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| Materias: | |
| Acceso en línea: |
http://revistas.javeriana.edu.co/index.php/vnijuri/article/view/14663 |
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| Sumario: |
This work tries to demonstrate the conceptual inconsistencies of the Latin American trust: the so-called fideicomiso. Likewise, this work tries to demonstrate that the Peruvian laws on this matter are not only defective in conceptual terms, but also inefficient in economics terms, since these laws ignore the core of the modern trust as well as the cost agency problem that inevitably arises in all kind or organizational forms. The author claims that the current situation is the consequence of the interaction of two opposing forces that tried to dominate the Latin American scenario in the last decades: one represented by the desire to make legal transplants and the other one represented by the desire to mantain certain traditions of the Civil Law. The author advocates for a change based on two ideas: a) to consider the trust as an autonomous estate and the trustee as the manager of that estate, and b) to regulate the trust by paying attention to the different economic realities that are behind the legal categories. |
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