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Research On Invalid Trust And Legal Consequences

Posted on:2011-03-07Degree:MasterType:Thesis
Country:ChinaCandidate:L ChenFull Text:PDF
GTID:2166330332466557Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As idea and behavior of property management and property transfer,trust emerged in ancient times. It is a long and toetuous road that the initial bequest turned into the used system,and then grew to the trust and developped the system. Trust was not prevalent until the British spread it all over the world. With economic globalization and the knowledge of the power of the trust system, many civil law countries (including China) have introduced from elsewhere. But in the process of development,there is a lot of difference due to social and legal systems in different type of countries. Invalid trust is an important part of trust system, but details of the law provisions of different countries are not the same. In particular in the legal consequences of an invalid trust, articles in many countries are in blank in addition to result trust system in the Europe and the United States.On the beginning of the introduction of the trust system, the market economy of China was just set up, when the civil system was not perfect and difference from the common law.Today, China economic system and social structure has changed great. the essence of the market economy is to endow the economy the main economic freedom as much as possible, rather than the opposite. China current direction of economic reform aims to fit the inherent purpose of trust, so trust will certainly play an increasingly important role in our current and future economic life.As a separate part of the trust system, invalid trust system relying solely on "trust law" can not meet the requirements of the handful of today's social development. Especially on the legal consequences of an invalid trust, conflicts of applicable civil system to solve problems have become increasingly prominent. The papers is on propose to explore the problems on the system of invalid trust through comparison on civil law and common law,and then propose the possibility of result trust system in the legal consequences of an invalid trust.
Keywords/Search Tags:invalid trust, result trust, common law, civil law
PDF Full Text Request
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