Fiduciary as a legal structure within the framework of corporate law
The article considers fiduciary as a legal structure that, within the framework of corporate law, enables bodies and persons who have concentrated management in their hands to become absolute rightholders in relation to the entrusted property in relations with third parties, which, subsequently, gives them (bodies /persons) the opportunity to join them without additional legitimation, but not in all cases. Such a design removes from third parties the risks associated with restrictions or lack of authority of these bodies, persons. The approach formed by the modern Russian doctrine is analyzed, based on the literal interpretation of the term fides, which is translated from Latin as trust, and having a personal character, where one of the parties has the right to terminate the relationship without explanation due to the loss of trust. The author claims that this approach is somewhat different from the one described in the article. And if we proceed from it, then the use of a fiduciary structure in a corporation is impossible, since the establishment of a personal-trust relationship with many subjects regarding the same property cannot arise.