Text of the provision

Art. 1440. A person who establishes a trust is called the trustor; one in whom confidence is reposed as regards property for the benefit of another person is known as the trustee; and the person for whose benefit the trust has been created is referred to as the beneficiary.

Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.

What this article means

In a trust: the trustor establishes it, the trustee holds the property in confidence, and the beneficiary is the one for whose benefit it exists.

These three roles recur throughout the trust provisions that follow. The trustor is the person who creates the arrangement and typically supplies the property; the trustee is the one who holds and manages that property, bound by a duty of confidence to use it as intended rather than for personal gain; and the beneficiary is the person the arrangement is meant to benefit, even though he may hold no legal title to the property himself. A parent who sets aside property for a trustee to manage for a child's future benefit illustrates all three roles at once.

Questions about this provision

Related provisions

Cases citing this article

Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.

Note. The text of the provision above is reproduced in full from the official enactment (Republic Act No. 386), verified against the LawPhil and ChanRobles renderings. The annotation and commentary around it are the work of Vivas & Nobles Law Office and are general legal information, not legal advice. How a provision applies to a particular situation depends on facts that only a lawyer reviewing your case can assess.