English to Russian Law/Patents Law (general) покупка доверительной собственности

The prohibition against purchase by the trustee is applicable where the sale is conducted at an auction held by the trustee himself, since the trustee is in a position to discourage bidders. Further, where the sale is conducted, not by the trustee, buy a third party, as, for example, where a trustee holds trust property subject to a mortgage and the mortgagee sells under his power of sale, the trustee is nevertheless not allowed to buy the property, since to hold otherwise might be to permit him to prefer his own interest to his duty, and this so whether or not he could have prevented the sale. The rule is a strong one and is not circumvented by the device of the trustee selling to a third party to hold on trust for him. But if there is no prior agreement and the sale is in all respects bona fide there is no objection to the trustee subsequently buying the trust property from the person to whom he sold it, though if the trustee contracts to sell the property to X, a stranger, and before the conveyance is made he purchases the benefit of the contract from X, the contract can be set aside.