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Independent Principle of Trust Property

Author: ShenYiWei
Tutor: HeSongMing
School: Ningbo University
Course: Civil and Commercial Law
Keywords: Trust Trust property Independent principle of trust property
CLC: D922.282
Type: Master's thesis
Year: 2010
Downloads: 103
Quote: 0
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Abstract


Trust is a legal system which originated from the Anglo-American legal systems .After it was introduced into the civil law countries,the ownership of the trust property become a problem.Our "Trust Law" didn’t answer this question clearly,which hindering the developing of trust system in China. The ownership of the trust property issues are also discussed in independence principle of trust property. If the ownership of the trust property is not clear, independence principle of trust property will fall down. This paper describes the characteristics of trust to find that the trustee own the trust property,but his ownership is limitted by "Trust Law" and trust documents. The trustee doesnot have the full ownership of trust property.After determining the ownership of the trust property, the paper depicts the meanings of independence principle of trust property.Trust property can’t be enforced by the court,also can’t be cancelled out. The paper also examines the open system of the trust property. The open system of the trust property can protect the interests of the third party and transaction security.In order to carry out the independence principle of trust property,it is necessary to make the trust affairs public.Because of the trust property’s character, a special open system of the trust property should be built.End, the paper pointed out the short of our trust system,and gave some advice, based on the independence principle of trust property. Our "Trust Law" should clear the priblem of who own the trust property , give the right of rescission to the beneficiary, and set somebody to make the trust affairs public.It is also need to perfect the open system of the trust property.

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CLC: > Political, legal > Legal > Chinese law > Financial Law > Trust, Credit Act
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