The Federal Administrative Court makes clear in a recent decision that the lack of separation of the trust property from its own assets as "evidence" to look for the lack of effective trust agreement was.
While closing the lack of separation of trust property and private property of the trainee is not necessarily a civil law effective trust deed, however, the Court stressed in an earlier decision that the separation is a solid evidence to go out in the absence of a rule like this is that a binding trust agreement has not actually taken (BVerwGE 132, 21 - 04.09.2008).
BVerwG 5 B 7:10 - 05.03.2010
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