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The Constitution of the Establishment of Trust by Contract: In the Perspective of Trust Relationship

Author: HuangJiaLe
Tutor: LongWeiQiu
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Establishment of Trust by Contract Trust Legal Relationship Mutual Agreement Transfer of Property Trust Publicity
CLC: D922.282
Type: Master's thesis
Year: 2009
Downloads: 165
Quote: 1
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Abstract


This thesis aims to analyze the constitution of trust by contract in the perspective of the trust relationship. We can induce three elements from those practices of different countries in the establishment of trust: mutual agreement, transfer of property and publicity. Those tree elements constitute a united subject. However, different relationships exist between one another. Mutual agreement and transfer of property are so highly fastened that transfer of property can be and should be melt into the mutual agreement and it makes the contract a real contract. Meanwhile, the relationship between those two and publicity is relatively far, and the function of publicity is to cause the internal relationship between parties to have outside effect.This thesis is divided into four parts: introduction, text and conclusion and 4 chapters in text.Chapter 1 describes several basic related concepts, which are trust, to establish trust by contract and trust contract. And then the perspective of trust relationship was explained. The major purpose of this chapter is to pave the way of the analysis below.Chapter 2 analyzes the establishment of trust by contract in the perspective of trust relationship and is elements. From those practices of different countries, some common elements are concluded and the logics behind those elements are analyzed, as well as the meanings of them. Chapter 3 analyzes the integrity of those elements as a whole and the relationships between that integrity and the establishment. Then the internal relationships between those elements are analyzed. It is the result of that analysis that the transfer of property can be melted into the mutual agreement and the contract can be and should be a real contract. Lastly we come to the analysis of publicity and its relatively independent status, which leads to the conclusion that the publicity of trust should be told from the publicity in transfer of property and the legal effect of trust publicity should be upon those third parties.Chapter 4 analyzes related clauses in trust law in response to the two chapters above and gives these suggestions: transfer of property should be the an element of the definition of trust; the transfer of property should be an element in the establishment and taking-effect of trust and the contract of trust should be a real contract; the publicity of trust should be told from the publicity of property transfer and the publicity system should be perfected in related laws and regulations.

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