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Prudent investment rules of trustees

Author: YangZhaoFang
Tutor: ShenZhengWu
School: Ocean University of China
Course: Economic Law
Keywords: Trustee Duty of care Prudent investment rules Modern Portfolio Theory
CLC: D912.28
Type: Master's thesis
Year: 2008
Downloads: 68
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Abstract

Trust is the \Trust legal relationships include three parties: the trustor, trustee and beneficiary. Because at the core of the Trustee, the Trustee in trust law system is undoubtedly the most important content. The system will give the trustee the discretion of the trustee, but also limits the power to control the trustee trustee misconduct. As the core of the modern trust law, the trustee France supported by the two basic principles, namely the duty of loyalty and duty of care. Duty of loyalty is to ask \With the development of trust and investment practices, trust becomes a financial expert system requiring the trustee is paid professional administrator, the trustee must have the trust and investment and trust management expertise, so pay attention to the growing importance of the obligation . Statutory duty of regulating the behavior of a trustee, it had the obligation of the trustee applicable standards and must be requested. Standards of behavior in the professional trustee trustee trustee and non-occupational differences between. Skill level is a measure of the standards of conduct trustees important yardstick. In this article, the author put forward the innovative behavior of the duty of care of the three criteria, namely ordinary trustee type, type of professional trustees and trust and investment type. Trust and investment-type standards of conduct is followed prudent investment rules shows that the prudent investment rule derived from the duty of care. Prudent investment rule has the complexity and flexibility, is a relatively new legal concept, only to study the practice can not help a bit thin, the legal property of its author, the fundamental characteristics of core content and interpretation of the four aspects of the theoretical background prudent investment rules basic connotation. Prudent investment rule is a legal obligation legal property; fundamental characteristic is the blend of economic theory; core content is to ask the trustees when making investment necessary to make to the program's attention, but also the use of appropriate skills, consider investing risk; theoretical background is respected and complied with modern portfolio theory, which is the cornerstone of prudent investment rules. Prudent investment rules are reflected in practice for the British and American jurisprudence, the author mainly from the perspective of Anglo-American jurisprudence explores the past nearly three hundred years of the rule of legislative history. From the early British \The author of this is also an innovative way for the United States, \From the British and American prudent investment rules legislative model, we can see that the rules of the inadequacies of the trustee. At present, China's trustee rules dispersed in the \\And most of the special laws and regulations in accordance with its own characteristics only procedural supplement, there is little substantive legal requirements. This legislative framework and the development of trust and investment practices are incompatible. Of the lack of a trustee for the trust and investment rules that prudent investment rules. Therefore, I propose the legislation of the two countries with reference to the Anglo-American model, based on their actual fiduciary duties of the trustee, the duty of care and investment rules for specific provisions in these three areas in order to improve the trustee of the trust investment rules.

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