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Record W2956811029 · doi:10.5937/spz63-20473

Fiduciary transfer of ownership: One or more ownerships?

2019· article· en· W2956811029 on OpenAlex
Aleksa Radonjić

Why this work is in the frame

A frame that forgets how it found something cannot be audited. These are the routes that admitted this work.

aboutThe title or abstract carries a Canadian signal from the geographic lexicon.
no affNo Canadian affiliation: this work is invisible to an affiliation-only frame.
No Canadian affiliation. An affiliation-only frame, the usual design, would never have seen this work. It is one of the works that make the case for inverting the frame.

Bibliographic record

VenueStrani pravni zivot · 2019
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsSettlorFiduciaryBeneficiaryBusinessTrust lawCreditorBlind trustDatabase transactionLawEstate planningLaw and economicsAccountingEconomicsDutyEstatePolitical scienceFinance

Abstract

fetched live from OpenAlex

Fiduciary transfer of ownership is being introduced in more and more civil law jurisdictions as a reply to increasing popularity of trust viewed as a division in ownership between the trustee and the beneficiary. I used examples of Quebec, France, and Germany to show how these civilian systems deal with the notion of division of ownership. In the first two they use various constructs such as division of patrimony, or no one’s patrimony, while in Germany it seems it is clear that the trustee acquires full ownership over entrusted assets whereas settlor or beneficiary have only personal rights. Also one gets the impression that the focus was at the protection of entrusted patrimony from the creditors. Nothing suggests that due attention was paid to the protection of settlor or beneficiary in case of trustee’s breach of trust and alienation of entrusted assets contrary to the trust instrument. I believe that settlor or beneficiaries should have rights in rem against the trustee and third party acquirers of entrusted assets, and that leads to the concept of fiduciary ownership as a division in ownership between the settlor and the trustee or trustee and beneficiary, essentially it means the emergence of different kinds of ownership.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.001
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesInsufficient payload (model declined to judge)
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: Empirical
Teacher disagreement score0.918
Threshold uncertainty score0.998

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0010.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0000.000
Open science0.0000.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0030.000

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.062
GPT teacher head0.331
Teacher spread0.269 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it