The Sapientes

The Qualified Law no. 1 of 26 January 2012 “Provisions concerning the operation and functioning of the Court for trusts and fiduciary relations”, under article 7, para. 3, sets forth that the Court shall issue a regulation establishing and governing additional powers of the President of the Court, “including the power to regulate recourse to the consilium sapientis (Council of the Wise Man)”. 

The Council of Wise Man is appointed from among experts of repute for trusts and fiduciary relationships. In this view, the Bureau of the Great and General Council shall, within sixty days following the installation of the Court in office, draw up an ad hoc list, which shall be submitted to the Great and General Council for its acknowledgment, as provided forth by the same article 7. 

Powers to The Council of Wise Man are attributed by Delegated Decree no. 128 of 30 September 2013. Within fourteen days after deposit of the grounds of appeal, the Judge of Appeal shall request the Council of Wise Men, identifying the wise man in the above-mentioned ad hoc list. The Judge of Appeal shall identify a single wise man when the first instance judgement has been delivered by a single judge, or a panel composed of three wise men when the judgement has been delivered by a panel or the entire Court.

The principles of law laid down by the wise man binds the Judge of Appeal. Afterwards, there is no possibility of a third instance: in fact, the subsequent appeal to extraordinary remedies (allowed by the general law) is here precluded.

Currently, the following professors are part of the list of sapientes

 

Giovanni Diurni  Curriculum vitae
Nicolò Lipari Curriculum vitae
Pietro Perligieri Curriculum vitae
Anton Rudokvas Curriculum vitae
Luc Thévenoz Curriculum vitae
Ferdinando Treggiari Curriculum vitae

 


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The Judges

The Sapientes

Judgements

Sammarinese law on trusts

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