Constitutional Law 26 January 2012 Ranked # 1 - Della Corte Institution For The Trust And Relationships Trustees

Original Language Title: Legge Costituzionale 26 Gennaio 2012 N.1 - Istituzione Della Corte Per Il Trust Ed I Rapporti Fiduciari

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Read the untranslated law here: http://www.consigliograndeegenerale.sm/on-line/home/archivio-leggi-decreti-e-regolamenti/scheda17102569.html

SAN MARINO




We the Captains Regent of the Most Serene Republic of San Marino



In view of article 4 of the Constitutional Law no.185 / 2005 and Article 6 of Qualified Law
186/2005;
Promulgate and publish the following Constitutional Law approved by the Great and General Council
its meeting on 18 January 2012 with 50 votes in favor, 3 against, 1 abstention and 1 non-voting
:



CONSTITUTIONAL LAW 26 January 2012 Ranked # 1



ESTABLISHMENT OF THE COURT FOR THE TRUST AND FIDUCIARY TRANSACTIONS


Art. 1

Article 2 of the Constitutional Law October 30, 2003 n. 144, as amended by Article 1 of the Constitutional Law
16 September 2011 2, the following subparagraphs are added 9
10:11:
"As part of the ordinary jurisdiction, the Court is established for Trust and relationships
trustees. The Court has jurisdiction over all cases and disputes concerning the legal relations arising
reliance upon, or trust, such as trust, fiduciary custody, fedecommesso,
fiduciary heir institutions and similar institutions, from any sort adjusted .
They do not fall within the jurisdiction of the Court disputes concerning the mandate, except when the agent is
a person authorized under the Act 17 November 2005 n. 165 or operator
fiduciary activities in different legal systems from that of San Marino. It shall consist of a Chairman and six
effective members, elected by the Great and General Council, by a majority of two-thirds, between
who is or has been an ordinary university professor in law, who is or has been a magistrate , who is
law graduate with at least twenty years of professional experience related to the role of
specific materials. The President and members of the Court are appointed for five years and are renewable
. They, after the expiry of the mandate, continue to exercise their functions
until the appointment of new or renewal.
The Court is not subject to the provisions on judicial organization. Election and
appointment of members of the Court, and the incompatibilities regime, abstention and objection,
are established specifically with the appropriate qualified law at variance with the qualified law of 30 October 2003
145.
Competent to settle conflicts of jurisdiction between the Ordinary Court and the Court
is the Guarantors of the Constitutionality of the rules, by procedure, mutatis mutandis
, provided for in Chapter I (Conflicts of Jurisdiction ) of the Law 25 April 2003 n. 55. ".




Art. 2

This Law shall enter into force on the fifth day following that of its legal publication
.



Our Residence, this day of 26 January 2012/1711 dFR



THE CAPTAINS REGENT
Gabriele Gatti - Matteo Fiorini




THE SECRETARY OF STATE FOR INTERNAL AFFAIRS Valeria Ciavatta