THE IMPORTANCE OF FİDUCİARY DUTİES İN THE EFFECTİVE MANAGEMENT OF BENEFİCİARY PROPERTY

Abstract:

Fiduciary duties are primarily aimed at protecting the interests of the beneficiary based on the principles of honesty, loyalty, care, and prudent management. This article analyzes the importance of fiduciary relationships in the management of beneficiary property in modern legal systems, the formation of fiduciary duties, and their role in ensuring legal relationships. It also examines the state of national legislation, identifies legal gaps, and emphasizes the need to address them. Furthermore, the article critically addresses the absence of normative-legal foundations that clearly define the rights and obligations of fiduciaries and beneficiaries in national legislation, and proposes suggestions for improving national laws. In addition, based on international experience, the article emphasizes the need to establish legal foundations for ensuring the effective management of beneficiary property by strengthening fiduciary relationships legally.