Nature of obligations and overall duties of conduct of trust companies. Reflections from the real estate trust business

Abstract

The purpose of this article is to motivate the discussion on the nature of obligations and conduct duties of trust companies, with a special focus on the real estate trust business model. To do so, it will be considered that in some cases the so-called secondary conduct duties correspond to true obligations, proposing in the study to analyze whether they correspond to obligations of means or of true result. This distinction harmonizes with the practical needs of the real estate consumer, due to the feelings of certainty and trust generated by the participation of a trust company in different construction projects. To achieve this, a literature review was carried out, including input from experts in trust legislation, the political charter, international regulations, information circulars and judgments, among other sources of information.