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Indentifying of Trust Contract

Author: LiXiaoSheng
Tutor: LiuJiaAn
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Trust The essential character of trust Indentifying of trust contract
CLC: D922.282
Type: Master's thesis
Year: 2011
Downloads: 30
Quote: 0
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Abstract

As provided by Chinese <<trust law>>,the establishment of a trust can only be conducted by writing form, which means , in China, a trust contract is the principal way to establish a trust. The question is, in judicial practice, how can we distinguish a trust contract from other kind of contract? And how do we prescribe the rights and obligations of the parties of the contract? And how do we balance the interests between creditors and the parties of the trust? And if without writing form, a trust which has been performed could be a trust? With these questions in mind, the article, whose title is“The identifying of trust contracts”, intends to perform research on the question.The article is composed of three parts, which are the introduction, the main body, and the conclusion.The introduction intends to illustrate the background of the research, the legal condition at home and abroad, the researching condition at home and abroad, the train of thought and means of this research, as well.The main body of this article is composed of three parts. The first part—the general principle of trust—is consists of four items. The first item focus on the history of evolution of trust law, which tries to trace back to the original form of trust; the second item focus on the conception of the word“trust”, which make efforts to summarize the trust system of Britain; the third item focus on the characteristics of trust property; the forth item expounds the rights and obligations of parties of trust; the fifth item come to the essential character of a trust. Britain is the place trust appears, by perform research on trust system of Britain, the article hope to sum up the essential character of trust.The second part of main body is“the comparison of Trust Law of the People’s Republic of China and trust system of Britain”. It is consists of four items, the first item mainly compares the similarities and differences between the conception“trust”, the second item compares the system of trust property of the two country, the third item compares the standing of parties of trust, their rights and obligations, the four item works on the principal different point of two countries, by which the article intends to discover the differences between them, thereupon discuss whether China should change the essential character of trust law, and whether the essential character of Britain trust law can apply to the identifying of trust contracts in China.The third part of main body is“the elements of positive law of identifying of trust contracts”. It is consists of two items, the first one is the form conditions of the identifying of trust contracts, the second one is the important substance of the identifying of trust contracts. In according to above content, the article tries to sum up the principles and methods to identify trust contracts from other kind of contract in practice.In the consecutive part, the article briefly summarizes the primary content and points of the whole article, thus the article come to an end.

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