Articles

Two cases decided by the Federal Tribunal in 2012 have raised the question whether Swiss courts prop- erly recognise and enforce the effects of (foreign) trusts. This article sets out a broader context and shows that in many other decisions, Swiss courts have shown a robust understanding of trusts and their most important features. In those two cases, however, the courts have enforced important public policies at the cost of disregarding the relevant trusts entirely. This article argues that the same results could be obtained through a more rigorous applica- tion of the Hague Convention on Trusts. Its provisions, and particularly Article 15, allow courts to strike a balance between the recognition of trusts and the application of other, non-trust mandatory provisions designated by the conflict rules of the forum.