The swearing-in of the members of the Court for Trusts and Fiduciary Relationships renews a central institution in San Marino’s trust system and confirms the Republic’s decision to entrust this field to a specialized jurisdiction.

The swearing-in ceremony for the members of the Court for Trusts and Fiduciary Relationships of the Republic of San Marino took place in the presence of Their Excellencies the Captains Regent Alice Mina and Vladimiro Selva.

Taking the oath were President Andrea Vicari and members Luisina Ho, Federica Giardini, William John Swadling, Fernando Beconi Ortíz and Francesco Armando Schurr.

The ceremony is particularly significant not only from an institutional standpoint, but also because it bears witness to the continuity of the path undertaken by the Republic of San Marino in developing a specialized jurisdiction for trusts and fiduciary relationships.

A specialized court for trusts

The Court for Trusts and Fiduciary Relationships was established in 2012 within the San Marino legal system by Constitutional Law no. 1 of 26 January 2012 and the related Qualified Law no. 1 of 26 January 2012.

The establishment of a judicial body specifically dedicated to this field is one of the defining features of San Marino’s trust system.

The Court is also governed by specific procedural rules, introduced by Delegated Decree no. 85 of 19 July 2013, concerning proceedings before the Court for Trusts and Fiduciary Relationships.

The presence of a specialized jurisdiction is especially important in a sector characterized by the complexity of patrimonial and fiduciary relationships and by the frequent presence of international elements.

Continuity, expertise and authority

During the ceremony, President Andrea Vicari emphasized that the oath represents a sign of continuity in the Republic’s action and a direction of stability, while also recalling the authority of the judges called upon to serve on the Court.

Their Excellencies the Captains Regent highlighted how the Court has consolidated its role as a safeguard of expertise, balance and authority, capable of providing modern legal responses consistent with the evolution of international law.

A further significant element is represented by the profile of the Court’s members and by the presence of jurists with experience and expertise gained also at the international level. This is particularly important in the field of trusts, an institution that frequently requires dialogue between different legal traditions and systems.

The role of the Court in San Marino’s trust system

The presence of the specialized Court highlights a distinctive feature of the choice made by the Republic of San Marino: the legislative framework governing trusts has been accompanied by a jurisdiction specifically competent in matters of trusts and fiduciary relationships.

The solidity of a legal system dedicated to trusts does not depend exclusively on the rules governing the institution. Of particular importance is also the legal system’s ability to interpret and apply those rules through specialist expertise and procedural tools suited to the complexity of the relationships involved.

The Court therefore represents a significant component of the legal architecture developed over time by the Republic of San Marino in the field of trusts and fiduciary relationships.

Its jurisdiction may also extend, in the cases provided for by the legal system, to disputes governed by legal systems other than that of San Marino, an element consistent with the frequently international dimension of fiduciary relationships.

An element to consider when choosing a trust

For businesses, professionals and families considering the establishment of a trust, the choice of the applicable legal system should not be assessed exclusively from the standpoint of the legislative framework.

The presence of dedicated legislation, specialized professionals and a jurisdiction competent in the field forms part of the context to be evaluated when designing and managing a trust.

The recent swearing-in of the members of the Court for Trusts and Fiduciary Relationships therefore represents not only an institutional moment, but also a confirmation of the continuity of the experience developed by the Republic of San Marino in this sector.