Triángulo histórico jurídico mágicofideicomiso & equity & trust

Resumo

A thousand-year-old historical juridical bridge seems to join the old man Roman trust with the juridical relation of the trust, since both figures of the right have the same root: the confidence. By means of any of them, a person grants other one his heritage, in order that the latter, in turn, acts in benefit of a third party. From an historical - juridical optics synchronous, when it was born the trust still did not exist the trust. Nevertheless, the circumstances, the facts, and even the historical caprices that are led by the passage of time, propitiated that numerous elements and juridical Roman beginning were projected and accepted by the juridical history of England. Of this form, both institutions of clear juridical fiduciary nature were and related of intense form for the Anglo-Saxon courts of equity. The trust (at least the juridical nature of the juridical trust relations) was, probably, one of the principal Roman sources of jurisdictional inspiration for equity and trust. The courts of equity applied other Roman and canonical procedure to correct the rigid fiduciary feudal relations of confidence not known by the narrow jurisdiction of the medieval common law. Thus, from the 14th century A.D., Court of Chancery propitiated the free development of equity to construct with juridical Roman materials, finally, the juridical relations of confidence established by means of the magic triangle of the trust.