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Research Of Imply Trust

Posted on:2006-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:C H ZhangFull Text:PDF
GTID:2156360152983213Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Imply trust isn't base on manifestation of trust intent, it is base on the imposition and conception of judge. To the force, imply trust belongs to passive trust. To the character, imply trust belongs to remedy, but imply trust also has some features of substantive institution Imply trust is very flexible and it's much more indemnificatory to the creditor. In the days that regulations of express trust have been changed into lawmaking, imply trust represent equity's essential character. As an important type of trust, imply trust hasn't been regarded as important in study of trust law. This article started from the concept and essence of imply trust, use comparison and demonstration, illustrate the need and possibility of introducing imply trust into China.Because imply trust is very flexible, it can settle many problems, it can be used in many fields. In our country, the legislation and theory of trust ignore and exclude imply trust to some reasons. In order to make the system of trust law more perfect and reduce conflicts between trust law and civil law, we should conquer obstacles and introduce imply trust into China.
Keywords/Search Tags:imply trust, interest equation, resulting trust, constructive, trust
PDF Full Text Request
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