GENESIS AND DEVELOPMENT OF THE CONCEPT OF "TRUST" IN FOREIGN AND RUSSIAN LAW

Introduction: the article provides a comparative legal analysis of the consolidation of the concept of "trust" in foreign and domestic sources of law. The necessity for this study is indicated by the requirement to identify the features of the influence of historical and cultural factors on the formation of legal aspects in the social phenomenon of "trust". The objective of the present study is twofold: firstly, to ascertain the general and specific origins of the concept of "trust" in foreign and Russian law; and secondly, to determine the consolidation of this concept in the two legal systems. Materials and Methods: the study draws upon a range of materials and methods, incorporating foreign and Russian regulatory legal acts, as well as case law from foreign countries. The methodological basis of the study incorporates traditional general scientific methods (e.g. analysis and synthesis) and specific scientific methods (e.g. specific legal and comparative legal). Literature Review: a comprehensive review of the existing literature was conducted to inform the study. The study of the issues of the genesis of the concept of "trust" in the sources of law of various legal systems was conducted using the works of the following authors: D.P. Gubarets, A.A. Zhdanova, M.V. Zaharova, V.V. Kozhevnikov, O.A. Krivenko, V.S. Maslyakov, N.P. Mayurov, E.N. Morozova, T.A. Nagornaya, K.V. Nam, G.G. Nebratenko, M.R. Nenarokova, A.A. Popova, L.P. Rasskazov, V.V. Rovnoy, E.N. Harlamova and others. Results: the results of the comparative legal analysis conducted allowed the author to establish that the concept of "trust" in foreign and Russian legal sources had a largely moral character. However, as the process of modification and complication continued, it acquired features that allow it to be characterised not only as a social, but also as a legal phenomenon.