The Royal Court of Jersey, in the exercise of its inherent powers, grants the rectification of a trustee’s act vitiated by a “genuine error”. In this note, I analyse the facts of the case and the nature of the remedy, and conclude that an application for rectification may also be made and granted by an Italian court, within the context of non-adversarial proceedings. Such a remedy, in fact, whilst available under the powers of the equity judge in common law, relates to the substance of the matter on which the court must rule and, therefore, from in private international law perspective, must be examined by the Italian court on an equal footing with its foreign counterpart.
Lupoi, M.A. (2026). Le norme sulla rectification sono di sostanza o di procedura?. TRUSTS E ATTIVITÀ FIDUCIARIE, 4(luglio-agosto), 511-517 [10.35948/15905586/2026.1055].
Le norme sulla rectification sono di sostanza o di procedura?
Lupoi, M. A.
2026
Abstract
The Royal Court of Jersey, in the exercise of its inherent powers, grants the rectification of a trustee’s act vitiated by a “genuine error”. In this note, I analyse the facts of the case and the nature of the remedy, and conclude that an application for rectification may also be made and granted by an Italian court, within the context of non-adversarial proceedings. Such a remedy, in fact, whilst available under the powers of the equity judge in common law, relates to the substance of the matter on which the court must rule and, therefore, from in private international law perspective, must be examined by the Italian court on an equal footing with its foreign counterpart.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.



