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The Analects trust of the beneficiary 's legal nature of the

Author: LiYan
Tutor: DingMei
School: China University of Political Science
Course: Comparative Law
Keywords: Trust of the beneficiary Trust income the legal nature of He Real Right
CLC: D922.282
Type: Master's thesis
Year: 2011
Downloads: 161
Quote: 0
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Abstract


A trust is originated in Anglo-American France's one kinds very unique legal system, is based on the pursuit of conscience and justice while the famous for of the equitable Legalist of the creative results. Trusts, In short, namely of property Migration and Administration design. After several century of development, trust concept has penetrated into Anglo-American Legalist Department of national economic and social many aspects of life. Because the Trust System design flexibility and the applicable extensiveness, that the system was civil law many of the country had adopted had. However, due to the civil law tradition Real Right behavior and the creditor behavior the distinction between, civil law countries in the introduction of Trust System O'clock inevitable will encounter Trust System with the its national legal system of the fusion problem. Trust of the beneficiary is the Trust System the core content of, the Trust beneficial right of ability to achieve, with the trust a trustor establishes The purpose of ability to achieve and Trust System functionality ability to achieve are closely related. For the trust of the beneficiary to the different nature positioning, inevitably affect the pairs beneficiary of a trust level of legal protection and effect. China's \This article is to surround this problem launches the elaboration's. Text of this paper divided into the following three parts: The first part is \To argumentation trust of the beneficiary the legal nature of, first of all to be cognizant of of the trust property legal tectonic. As the Trust is derived from the Anglo-American law system's one kinds legal regime, that part first introduced the Anglo-American Legalist Department of in the of the trust property dual ownership structure, namely of the trust property common law ownership and equitable France ownership of the, of which focusing on introduce of the trust property equitable Legalist ownership of the. After this, introduces the civil law countries trust system in the Trust beneficial right, pointed out the with the Anglo-American law systems basis of an equitable ownership of the relatively Ying of the trust beneficial right of the concept and its in the Trust System in the's status and role. The second part is \The part is the of this article core content. Because China's \That section and will through pairs of trust of the beneficiary with the Real Right Statutory Principle, a matter of a the right to principles as well as Real Right principle of publicity relations's explore the, argumentation of the trust system and property rights Law the basic principles of is not inconsistent, and to through the Trust beneficial right the priority of Xing, chasing AND Xing, the direct dominance, and right Sai-Xing, etc. analysis of the characteristics, reveals the trusts beneficial right's real right nature of, and thus draw conclusions: trust of the beneficiary is based on the trustor the ownership of while the generated one kinds him Real Right. The third part is \Based on the above drawn of the trust beneficial right of the real right Xing and my own country existing system pairs of trust of the beneficiary inadequate protection the status quo, that part pairs of consummate China's \

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