The concept of “beneficial ownership” developed within the framework of equity law as a result of the evolution of trust-based legal relationships. It is a product of the “split” ownership model. The division of ownership into legal title (under common law) and beneficial title (under equity law) is rooted in the unique historical development of Anglo-American law. Within the trust framework, in accordance with the rules of equity, a beneficial owner acquires not only a personal (in personam) right against the trustee, but also a proprietary (in rem) right enforceable against third parties.

In contrast to Anglo-American jurisdictions, countries belonging to the continental (civil law) system recognize the absolute nature of ownership and define the derived limited real rights at the level of national civil legislation. In the civil law of these countries, the concept of “economic ownership” exists, which refers to the owner granting another person the right to use the property and to derive income from it.

Beneficial ownership, beneficial ownership, economic ownership

J Sainsbury plc v O’Connor (HM Inspector of Taxes). [1991] BTC 181. URL: https://library. croneri.co.uk/cch_uk/btc/1991-btc-181

Prevost Car Inc. v. The Queen, 2008 TCC 231 (CanLII). URL: https://www.canlii.org/en/ca/ tcc/doc/2008/2008tcc231/2008tcc231.html

Montana Catholic Missions v. Missoula County 200 U.S. 118 (26 S.Ct. 197, 50)

Alastair Hudson (2007). Equity and trusts. Podcast Materials 2007/08. – P. 7. Available at: http://www.alastairhudson.com/podcasts/E&T%20 Mixed%20Podcasts/Podcastreadingmaterials.pdf

Robert Megarry and H. W. R. Wade (1975). The law of real property. London: Stevens & Sons. 4th ed. – P. 118.

Harold Greville Hanbury & Jill E Martin (1962). Modern Equity 8th ed. London, Stevens&Sons. – P. 446.

Austin Wakeman Scott (1917). The Nature of the Rights of the "Cestui Que Trust", Columbia Law Review (Vol. 17, No. 4). Review paper 282.

Austin Wakeman Scott (1917). The Nature of the Rights of the "Cestui Que Trust", Columbia Law Review (Vol. 17, No. 4). Review paper 282.

Austin Wakeman Scott (1917). The Nature of the Rights of the "Cestui Que Trust", Columbia Law Review (Vol. 17, No. 4). Review paper 283.

Rakhimova, D. K. (2025). THE CONCEPT OF BENEFICIARY PROPERTY IN CIVIL LAW AND ITS CHARACTERISTICS. Google Scholar, 1(1).

Raximova Dilorom Xaitbayevna. (2025). Beneficial ownership registers and protection mechanisms for beneficial ownership rights in foreign countries and in our country. International Journal of Law And Criminology, 5(02), 54–57. https://doi.org/10.37547/ijlc/Volume05Issue02-11