constitute

The constitutor has the following obligations: to authenticate the contract or it will become void; to stipulate in the contract the rights and the obligations regarding the fiduciary patrimony, the duration of the transfer, the identity of the constitutor, of the fiduciary and of the beneficiary, the purpose of the fiducia and the powers that the fiduciary has; to remunerate the fiduciary, although the contract does not necessarily have an onerous character; to comply with the conditions of making the contract public, as presented supra at section 4.

The goods that are part of the fiduciary patrimony can be seized only by the creditors that have a right connected with these goods, or by the creditors of the constitutor that have a real guarantee over the goods, guarantee that has become opposable to third parties before the fiduciary fund was constituted.

In conclusion, even the constitutor or the fiduciary can be, at the same time, beneficiary in the fiduciary contract.

Finally, the fiduciary patrimony will be transferred to the beneficiary or to the constitutor, if the beneficiary is absent, in maximum 33 years.

The Court's authority to override policies approved by legislatures depends, says this paragraph, not on its special fitness for particular tasks, but on two other circumstances: the words of the Constitution, and the Court's election to apply them in a way the Constitutors did not expect....

There is virtually no limit to its ability to attribute new meaning to the "specific prohibitions," once it is liberated from the need to interpret them as the Constitutors [sic] expected.