Trusts Without Equity: Expansion Of The Notion Of Trust And China Trust Law Opportunities And Challenges

This dissertation is intended to research the various development paths of the institution of trusts in Anglo-Saxon legal system and civil law system, to examine and evaluate the historic merits of the law of trusts that is developing and changing profoundly during the present time. This dissertation examines how the trust is expanding and adopted in these civil law countries, whereas, traditionally, the common-law trust has been an unknown concept in civil law system. Also examinations and proposition are made on how to take advantage of the usefulness of the trust and how to overcome the problems in China. More importantly to supply the necessary andaspects of this dissertation arise particularly for the intention except to the Preface, Introduction and Conclusion, that is Chapter one "The governing mechanism of the law of trusts-equity", Chapter two "The confusion and harmonization between the trust notion and civil law", Chapter three "The abusing trust and limiting will ", Chapter four "The economic analysis of the institution of trusts", Chapter five "China Trust Law opportunities and challenges"The Preface is intended to restate the challenge confronting the varieties of the notion of trusts resulting from the expansion of Anglo-Saxon trusts and the inescapable mistakes to the civil law legal writer, considering the enactment and application of China Trust Law, especially claim the research methods for this dissertation, first and foremost declare several requisite points for understanding the Anglo-Saxon trusts in order to have whole analysis of this dissertation based on more objective and true understanding by virtue of the direct and frank list.The Introduction is intended to question and challenge the traditional functionalism comparative analysis method under the analysis and comparative to the method, emphasizing the pure functionalism comparative method is dangerous and inappropriate to the flexibility of trusts, even possible to misrepresent the true notion of trust, moreover resulting in the ill ending, therefore the structuralism analysis method is more suitable to analyze the nature of trusts, as a result, introducing and analyzing the comparative conceptional essentials to the structure of trust, so to indicate to reconsider the Anglo-Saxon trusts in a few aspects.Chapter one is basic to understanding the totality of the trusts, the important trust classification, such as resulting trust and constructive trust which is usually ignored in civil law system, intentionally is chosen to demonstrate the substantial of the equity to trusts, including the base of equity, an historic view of evolution of Use and trust, the nature of beneficiary right, the expansive trust in the realm of equity, the law of trusts in the social reform, is intended set out the historic valuation of the peculiarity of Anglo-Saxon trusts from different views, in order to catch firmly the soul of nature of trusts.Chapter two, sometimes is the common topic to civil law scholars, but the studying products fall short of depth and width, so this chapter is governed by the historic overview and comparative method, under the base of examining the development and vicissitude of Roman trust notion, probing into why the civil law didn't develop and shape the institution of trusts like Anglo-Saxon jurisdictions, meantime collecting and analyzing the various experiences and lessons from anumber of civil law countries, not only including mixed-system jurisdictions (Scotland, Quebec) influenced by common law tradition far-reachingly, but also including the various effects of the trust law codified by pure civil law countries (Liechtenstein, Japan, Latin American countries), and the developments of domestic trust in Holland and Italy under the rectification of The Trust Hague Convention, ad hoc, including the experiences and lessons of non-recognition trust countries (Germany, France, Switzerland) that they had been penetrating into the notions in civil codes, all is intended to "portrayed" the competitive panorama betw...