Some difficulties

The second part of this volume collects reports that are the outcome of the discussion of eleven hypothetical cases.

In searching for the relevant law, all the respondents have characterised in one way or another the legal relationships between the parties, even when the questions posed did not require them to do so. It appears that, in principle, a number of general options are usually available (both across and within the legal systems under consideration) to analyse the relevant transactions. At this level of the investigation, concepts and names are important. They frame the ways each case is discussed. Here we find a rich variety of approaches to the cases, though the options available are, of course, not unlimited.

The reports above, however, also show that the labels attached to the facts do not necessarily provide the ultimate key to know what operative rules will govern each case. It would be wrong to assume that categories and names at this point do not count any more; they still play a role in explaining the outcome of the case. Nonetheless, the country reports cover issues more closely related to the circumstances of each case than they would have done if simply engaged in the discussion of the main features of mandate, fiducia, trust, etc., and they spell out answers that focus on the facts outlined in the case descriptions.