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On the pro forma application of the law in our Trust

Author: ZhangZhiZuo
Tutor: LiuShaoJun
School: China University of Political Science
Course: Economic Law
Keywords: Prepared Trust Fiduciary duties Substantiality fiction Trust
CLC: D922.282
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 1
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Abstract


Trust is fiction after centuries of common law jurisprudence developed gradually built heritage and the legal system is an equitable redress unconscionable behavior of the weapon, not only has a complex staggered form the theoretical basis, the scope is very extensive. Although China's current law does not trust the pro forma trust into them, but the separation of ownership and beneficial laws to eliminate the fiction theory trust barriers at the legislative level. Also, if the right of the relevant legal provisions and judicial practices in-depth analysis, difficult to find in our country at this stage already unconsciously trust rules applicable fiction. Prepared trust in our country in an awkward position, just as we can feel the presence of the shadow, but lack their necessary care. I am thus inspired fiction Trust's research interests. This article is based on the right of existing legislation and judicial level considerations, through fiction concept of trust, institutional patterns and other content equitable theory study on the applicable pro forma trust in our system construction for some useful attempts. Besides the introduction, conclusion, the text is divided into four chapters. Chapter fiction Trust overview. This chapter fiction concept of a trust from the start, through the Trust for fiction and express trust, resulting trust, statutory trust, etc. on equitable system of easily confused with discrimination, to further clarify the definition of fiction Trust connotation and denotation. And on this basis, the pro forma comparative study of the nature of the trust, in order to have a conclusion on the pro forma Trust understanding. Chapter II fiction Trust equitable theory. Fiduciary duty, undue influence, fraud, unjust enrichment non-conscience behavior and trust are important to the implementation of fiction equitable theory, but this is not a complete list. This paper selects the four focuses on important theoretical basis, and in the chapter concludes with one pair of Equitable Trust fiction summarize theoretical basis. Chapter Prepared trust in our country for the status quo. This chapter first from China's legislative, judicial practice to start, our country has been confirmed by analyzing unconsciously trust rules applicable fiction. Then on this basis, expand on our current legal system deficiencies discussed, focusing on select unjust enrichment system and bona fide acquisition depth analysis reveals the superiority of fiction Trust and irreplaceable. Chapter IV Prepared trust in our system for construction. This chapter applies from fiction in our need for trust, institutional mode is selected, the constituent elements for fiction Trust perspective trust system for the construction of fiction lay the theoretical foundation. Finally, we trust through specific systems constructed fiction thinking, and explore our country should take reasonable choice. This last part is the conclusion I am concluding section presents pro forma trust in our main point for system construction, in addition, also on the specific design of the system put forward some suggestions. Trust is the Anglo-American legal system fiction personality representatives will be incorporated into our legal system being as I used to, inevitably related systems for equitable and study of the relevant legal framework. So this article is not only the main source of foreign material doctrine, jurisprudence; also domestic in this regard theory and practice. For this reason, this approach adopted are: (a) analysis of empirical research methods; (two) comparative research methods; (three) logical deductive analysis

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