Without prejudice to the rights of the settlor’s creditors holding a right of resale attached to a security published prior to the trust agreement and excluding cases of fraud on the rights of the settlor’s creditors, the trust assets may only be seized by the holders of claims arising from the conservation or management of those assets.
If the trust assets are insufficient, the settlor’s assets constitute the common pledge of these creditors, unless otherwise stipulated in the trust contract placing all or part of the liabilities on the trustee.
The trust contract may also limit the obligation to the trust liabilities to the trust assets alone. Such a clause is enforceable only against creditors who have expressly accepted it.