GIBRALTAR: Gibraltar foundations, a bridge between common law and civil law traditions

Abstract The contribution explores Gibraltar’s Private Foundations Act of 2017, which establishes foundations as legal entities distinct from their founder for, for example, estate planning, wealth transfer, and philanthropy. Unlike common law trusts, Gibraltar foundations offer flexibility, balancing founder control with professional governance. The article contrasts Gibraltar’s adaptable, precedent-driven common law system with the prescriptive, state-supervised civil law frameworks of countries like France. Gibraltar’s foundations, blending autonomy, and transparency, provide a compelling alternative for global wealth management, distinct from trusts and civil law foundations.