The requirements for the creation of an express trust

This article examines the requirements which need to be fulfilled for the creation of an express trust, i.e. based on a contract, unilateral declaration, or will, in accordance with the legislation of the Republic of Moldova. The research is carried out from a comparative perspective, discussing the requirements for the creation of an express trust under English law (including the three certainties rule), the rules established in the DCFR, and the conditions of validity of fiducia contract in continental law systems, such as France and Romania. It is found that there is a connection between the regulations under consideration, which can also be seen in relation to the existing requirements under national legal provisions. The analysis then focuses on each of the conditions that must be met by the trust instrument and covers: legality, capacity, consent, object, form and essential clauses, highlighting the specific aspects in the field of trusts.