Type and Duration
Preproposal PhD-Thesis, since September 2024Coordinator
Liechtenstein Business Law SchoolDescription
In practice, the capacity to invoke supervisory procedures in matters pertaining to foundations and trusts, particularly in instances of suspected malfeasance by the foundation or trust organs, is of paramount importance. The divergence of interests between the organs of a foundation or trust and the beneficiaries thereof frequently gives rise to disputes, where the governance of the foundation or trust is no longer assured without recourse to the judicial process.In such situations, however, the initial question often arises as to who has standing to file an application and, subsequently, who is entitled to party status in the proceedings. Recent case law from the Liechtenstein courts shows a tendency towards a highly restrictive interpretation, particularly regarding the issue of party status. This development has been the subject of criticism in some academic literature, on the grounds that it reflects a continuous shift in the balance of power in favour of the foundation and trust organs. This trend may ultimately result in a diminution of the power of beneficiaries of foundations and trusts.
The objective of this research project is to undertake a critical examination of the relevant literature and case law with a view to providing a comprehensive analysis of the central questions surrounding standing to file an application and party status in supervisory procedures under foundation and trust law.
