Resumo

PARELLADA, Carlos Alberto. Seizure of assets held in trust and victims’ rights. Rev. IUS [online]. 2020, vol.14, n.46, pp.85-104.  Epub 02-Dez-2020. ISSN 1870-2147.

The subject of the article is a pretext for examining the problems driven by the process of constitutionalising private law, an effort which aims to ensure a coherent legal system and effective fundamental rights. The article sets out the controversy that has been stirred up in the Argentine Republic by the introduction of the concept of trusts, which had the clear intention of exploiting the advantages of the institution while introducing a type of incentive that weighed on third party victims of damages, posing a grave threat to their property and equality rights.

With the matter having been addressed by the Civil and Commercial Code of the Nation, the present article analyses the coherent resolution with the right to recover compensation for victims that the code enshrines in law. However, fundamentally, in examining this anecdotal information, the article seeks to draw the attention of the legislature, and those who interpret legislation, to the need to primarily consider the values and constitutional principles in the legislation and the interpretation of private law.

Palavras-chave : Constitutionalisation of private law; effectiveness of the right to recover damages; fundamental rights; insurance; trusts; civil liability; fiduciary/trustee; limits to compensation; separate assets.

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