Social and legal conditionality of the emergence of trust management of property based on the law

Relevance . Some aspects of the category ‘trust management of property by virtue of law’ as a manifestation of special cases of intervention of the legislator in the will of the owner are considered. It is relevant in the modern situation of increasing legislative grounds for the establishment of trust management. The grounds, in turn, are closely related to the reasons and objectives of the establishment of trust management. The purpose is to substantiate the social conditionality of the establishment of trust management by virtue of the law in view of the special objectives set by the legislator in a particular case. Objectives are to identify the peculiarities of the social orientation of the institution of trust management by virtue of law; to formulate the objectives of trust management in relation to various legal grounds for its establishment and to determine their significance. Methodology . In the process of work on the study used the methods of system analysis, comparison, as well as methods of formal logic, generalization of achievements of legal doctrine. Results are theoretical in nature and consist in the study of the problems of the target block of the trust management establishment by virtue of the law with simultaneous proof of the widely understood social conditionality of the trust management objectives. Conclusion. It is revealed that the trust management of the property of the owner under his patronage and the property of a missing person pursues exclusively social purposes aimed at ensuring the observance of property rights and interests of the person who himself, for a number of reasons directly specified in the law, cannot exercise his rights and fulfil his obligations. At the same time, the need to increase the value of inherited property due to trust management indicates the economic nature of the purposes of its establishment along with social ones. It is determined that for some types of trust management under the law are characterised by additional, along with social, state-social or economic-administrative purposes.