Study On The Theory And Practice Of Void Trust

Requirement of social life is the real motive power of theoretical development. The fact is just as some scholars said, trusteeship began in UK and afterwards prosper in USA based on financial investment industry, it is widely spread as time goes on, like other invention of British, such as football and steam engine, they once went all over the world and promote high-tech industry and even economy development of the western countries, and works as the engine of their economy increase. However trusteeship is far from to be familiar with in our country, there is still much space of interest, it is greatly related to the incompleteness of legal institution in our country. Even it is transplanted by main countries and regions of the continental law system, however because civil and commercial theoretical system of continental law system, such as the deep-rooted close theoretical system like dichotomy of real right and creditor’s right and one property one right, which cause trusteeship legal institution which originate from Anglo-American equity cannot find their position, there is always dispute in theory circle. Recently the cognition and research on trusteeship are generally from the aspect of trust property in our country, and try to explain the essence of trust with civil and commercial law theory in traditional continental law system. This article goes forward with trust action, take invalid trust action within as object of study, even the invalid trust class is stipulated in trust law of our country, however there is no detailed stipulation on legal consequence and relief for invalid trust, and relevant study is yet vacant. When trust action is invalid, only beneficial owner require relief, the essence of trust beneficial interest can find legal basis of acquire relief in tort law, namely the civil rights and interests in clause two in tort law, the clause list eighteen civil rights and interests, meanwhile as inferior concept of civil rights and interests, property rights and interests is abstract in Tort Law, make general reference on property rights and interests which are excluded from the eighteen rights listed above, however it is not boundless, define that the rights and interests established based on that are under legal protection by separate law. Trust beneficial interest is civil rights and interests which is under protection of trust law, thus there is no theoretical obstacle on protection under tort law. The relief mode after trust action become invalid is still a blank space in trust law in our country, and because trust property rights and interests are only secondary right of ownership of property, there is a real ownership exist behind it, combining the experience of its place of origin, namely Anglo-American countries and the transplanted continental law system countries, propose to build the mode of invalid trust relief in our country.