Research On The Legal System Of Trust Behavior

Establishing a trust,as a juristic act,such act is an abstraction concept of the different types of behavior that form the legal relationship of the trust.Juristic acts are the basic concepts of civil law legal system.However,there is no corresponding legal terminology in the Anglo-American legal system.Although the trust originates from the creation of the British equity law,trust acts are the legal concepts transmitting from Trust Act under civil law countries and regions.There will inevitably be conflicts in the process of trust transfer,and trust acts with civil law theory will undoubtedly resolve this conflict to a certain extent and put the trust in civil law civil law framework.Unfortunately,the academic field has not paid enough attention to the nature of this particular juristic act.The theory of trust behavior is based on the trust under the Roman law.The guarantee trust under Roman law is the predecessor of the trust.Initially,trust behavior is not a juristic act of fonning a trust legal relationship in the trust law,but is a theory used to explain the new transaction method that emerged in Germany's social life at that time-the legitimacy achieved by the transfer of secured claims.The theory of trust behavior stands out from many doctrines and eventually becomes the mainstream theory to explain the legitimacy of transfer guarantees.It can be attributed to its use of the "purpose" method to break through the limitations of legal logic.The trust act cleverly uses the "trust purpose" to combine the buying and selling act with the guarantee act as an act,that is,the debtor will transfer the ownership of the object to the creditor,but the creditor cannot use the object outside the purpose of the trust.The proposal of trust behavior was also related to the fact that Germany was experiencing the pinnacle of concept law at the time,and it was in the period of transition from the concept of law to benefit law,and the concept of trust behavior was consistent with the idea of Yelin's "objective jurisprudence." With the joint promotion of judgments and doctrines,"trust juristic acts" have evolved into "trust behavior" theory in German law.Japan inherited and developed the theory of trust behavior and formed many doctrines on the nature and legal structure of trust behavior.After the introduction of the trust law in Japan,the trust act officially became a concept in trust law.The traditional theory of civil law trust law believes that trust behavior accompanies the transfer of ownership.From the visual analysis of the evolution of theoretical history,the "materiality" of trust behavior has its specific historical causes.However,from a logical perspective,the protection of unpaid actor and the maintenance of the independence of the trust property are not enough to justify the "property" of the trust act." Property " is not the character of the trust act,nor is it sufficient to justify it from the perspective of value.In addition,with the development of commercial trusts in modern societies,the transfer of trust assets is no longer an essential element in the establishment of trusts.Therefore,we should abandon the "property" of trust behavior and confirm the single structure of the "debt behavior" of trust behavior,and use this as a logical starting point for normative thinking:the act of trust is the act of establishing a right,the right to enforce the trust given to the beneficiary of the consideration,the effect of establishing the publicity of the property of the trust,and the fiduciary obligation of the trustee is determined when the trust is completed.In China,it's difficult to tell the legal relationship of the trust.The understanding of trust legal relationship is not unified in academic and practical field.The extension of trust behavior needs to be defined by the fictional trust.Fiscal conduct is an important branch of the theoretical system of trust behavior,and it is also the most individual component of trust behavior theory.In the theoretical construction of trust behavior,the trust behavior includes both the express trust behavior and the fiduciary behavior.In the judicial practice in China,the judge has creatively defined some new types of transaction relations as factual trust legal relationships,so as to use the trust law rules instead of the traditional rules(mainly the rules of the contract law)to solve new problems emerging with the innovation of transaction models.Legal issues,so as to achieve a better balance of rights and obligations between parties.Judicial decisions form a transition from legal textualism to legal realism.There is much commonality between the fiduciary system and the presumption trust of the Anglo-American law.Therefore,it is necessary to study and compare the presumption trust in the Anglo-American law.The constructive trust in Anglo-American law is an equitable remedy that is extremely difficult to understand.Even if the Anglo-American legal system countries have the same legal tradition,legal rules and legal terms,due to the different legal cultures,methodologies,and significantly different contexts,it is assumed that the constructive trusts have different appearances in different countries and different historical periods.Even constructive trusts have emerged in the UK in two distinctly different models,not to mention the complicated rules of presumption of trust.Under such circumstances,it seems impossible to complete the task of directly transplanting the constructive trust into the legal system of our country.Domestic scholars have argued that China should introduce a constructive trust system.This is because there are indeed many issues in China that need to be solved with trust concepts and rules.However,this does not mean that our native system cannot solve these problems.In fact,what we need is the concept of the constructive trust concept and the legal technology behind it in the Common Law.Integrating these into the trust act system of the civil law system is the best choice for solving the real problems in our country.Through comparative analysis,we can find that the concept of constructive trust as a kind of equitable remedy depends on the stable and harmonious ideas contained in the“equitable judicature”of ancient China in the form of law dilution,the pursuit of substantive fairness and justice,discretion of judges.There is a commonality in the granting of power,and it is presumed that there is no difference between the legal fictional legal technology that the trust application depends on and the legal fictional nature of the civil law system.Therefore,the presumption of the trust's institutional function can be fully realized within the framework of the civil law system.Fiduciary acts within the framework of juristic actions can shoulder this burden.From the perspective of legal instrumentalism,presumed trusts and fictional trust behaviors are the same legal tools for fulfilling specific relief purposes.Trust behavior has its own shortcomings,and type the trust behavior can materialize trust behavior.The type of trust behavior is needed by the modern society,and different types of behavior have different value pursuit.The "trust purpose" is the essence of the trust,which determines the character of the trust and the content within the trust.With the purpose of trust as the type of trust behavior,trust behavior can be divided into trust behavior for the purpose of property management,trust behavior for guarantee purposes,and fictional trust behavior for the purpose of relief.The improvement of the trust behavior system depends on the development of the rules.Therefore,it is necessary to carry out legislative thinking on the legislation of trust behavior.