Rechtsträgerschaft für fremde Rechnung

The limitation of the effects of trusteeships by the principle of immediacy, which has been advocated in Germany in insolvency law and enforcement law for the past 100 years, is unknown in Anglo-American law. Georg Bitter goes beyond the 100-year-old doctrine of immediacy. He develops a consistent model of trusteeship which enables a clear positioning of the trusteeship between the law of obligations and property law on the one hand and which on the other hand puts the external effects of trusteeship, which up to now had also been assessed very disparately in the various fields of law, into one system. His criterion for the delimitation of the external effects of a trusteeship can be useful to Anglo-American legal experts as well, and can contribute to a restriction of the external effects of the trust, which are still very widespread and vague, in Anglo-American law.