Abstract

The article presents the institution of trust from its origins in Roman law to its present form used in legal transactions as a fiduciary agreement. This agreement still remains an unnamed contract, and thus the article outlines in detail the views as to the legal nature of a fiduciary agreement, its mandatory clauses, in particular with a view to safeguarding the interests of the beneficiary and the consequences of the breach of those provisions. The agreement was analyzed with the assumption that it concerns equity rights in a joint stock company. The aim of the Author was to present, first of all, the issues and problems she has encountered in practice as regards the use this type of an agreement.