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Legal Analysis of the Swiss Federal Supreme Court (ATF) Case Law on Foreign Trusts

The Swiss Federal Tribunal's jurisprudence on foreign trusts evolved in two phases. Pre-2007, trusts were analogized to fiduciary contracts or "organized assets" under old law, offering limited recognition with high reclassification risk. Post-ratification of the Hague Convention (2007), validly constituted foreign trusts are automatically recognized, ensuring asset separation and protection from the trustee's creditors. This…

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