ABOUT THE COURT

The Court for trusts and fiduciary relationships was established in San Marino by the Constitutional Law no. 1 of 26 January 2012 and it is governed by the Qualified Law no. 1 of 26 January 2012 “Provisions concerning the operation and functioning of the Court for trusts and fiduciary relationships” and by Delegated Decree no. 85 of 19 July 2013, as modified by Delegated Decree no. 128 of 30 September 2013 “Proceedings before the Court for trusts and fiduciary relationships”.


The Court is competent for all cases and disputes concerning legal relationships deriving from entrustment or confidence such as trust, fiduciary agreement, fideicommissum, institutes of fiduciary heir, and similar institutes, regulated by whatsoever legal system.
Disputes concerning mandates shall not fall within the competence of the Court, unless the agent is an authorized party under Law of 17 November 2005 no 165 or a party carrying out fiduciary activities in legal systems other than the San Marino legal system.


The Guarantors’ Panel on the Constitutionality of Rules, which is the Constitutional Court of San Marino, is the competent authority to solve any conflicts of jurisdiction that may arise between the Court for trust and fiduciary relationships and the Single Court of the Republic of San Marino. The Qualified Law no. 56 of 25 April 2003 entitles the Guarantors’ Panel with such a function.


The Court is composed by a President and by six members, elected, by two thirds majority, by the Great and General Council, which is the Sammarinese Parliament. Ordinary university professors of law even if retired, magistrates and former magistrates, law graduates having served for at least twenty years in the specific subjects pertaining to the jurisdiction of the Court may be elected as members of the Court. The candidates may be either San Marino or foreign citizens.


With regards to the election procedure of the members (including the President), the Captains Regent put the names of the candidates designated within the Bureau to the vote of the Great and General Council. After election, the President and the elected members of the Court shall take office by swearing before Their Excellencies the Captains Regent. The President and the members are elected for a five-year mandate. At the end of their mandate, the President and the other members shall continue to exercise their functions until the election and the appointment of the new members or until the renewal of their mandate.


The Court shall not be subject to legal provisions concerning San Marino Judicial System and the Court President and members do not participate to San Marino Judicial Council.


The Qualified Law no. 1 of 26 January 2012, “Provisions concerning the operation and functioning of the Court for trusts and fiduciary relationships”, and the Qualified Law no. 145 of 30 October 2003 set forth legal provisions concerning the election, the appointment as well as incompatibilities, abstentions and objections of the members of the Court.


The President and the members, under penalty of forfeiture of their mandate, shall not hold posts or in any case carry out activities within political or trade union associations, stand for political or administrative elections, carry out commercial or industrial activities, hold the position of company directors or auditors, neither in the territory of the Republic nor abroad, nor shall they be engaged in a professional activity in the territory of the Republic. Resignations shall be placed in the hands of the Captains Regent. Resignations shall be immediately effective.

A Registry has been established with the view of managing administrative aspects of the procedure before the Court.



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