Treuhand

When the interests of another are protected in a trust, the divergence between the ownership of the interests by the trustor and the protection of the interests by the trustee causes specific conflicts of interests which do not occur in this way in interchangeable obligations or in partnership agreements. Up to now, no one has drawn up general principles for the legal handling of conflicts of interests which go beyond the coincidences of case law in the various fields of law. In his fundamental work on German trust law, Martin Löhnig deals with this complex problem and in addition makes a contribution to the development of a 'general trust law' by presenting rules for solving conflicts which apply to all trusts or which can at least be applied randomly to certain groups of trusts.