The Research Of The Trust Property Publicity

The system of the trust property publicity is one of the most important parts in the trust system. The Chinese legal system belongs to civil law system, so the trust property publicity is quite important. Currently there are hardly any laws to stipulate the system of the trust property publicity. That is why the trust law is backward in our country. This article introduces the basic theory of the Anglo-American law system and the relevant practices of the trust law in the countries of civil law system so as to give some advice to form the Chinese own trust property publicityThe article consists of 4 parts. The first part is a general introduction of the trust. The first session introduces the history and the current condition of the trust. The second session relates the definition of trust property and trust property publicity.Part 2 elaborates the necessity of establishing the system of trust property publicity. The independence of trust property is the fundamental reason. The trust property only severs the beneficial and would not be influenced by the other non-trust factors through the registration. What's more, it would decrease the transaction cost. The dealers know exactly the qualities of the transaction objects, so the trust property publicity mitigates the possibilities of the following dispute. The check of the ownership of the trust property by the bureaus would make sure that the trust property totally belongs to the settler.Part 3 introduces the trust property publicity from 2 main legal systems. Because of the dual-ownership in the Anglo-American law system, the trustee owns the trust property, but this kind of ownership is limited according to law. In the civil-law countries, the ownership of the trust property is not clear. So the trust property publicity is necessary to make sure the independence of the trust publicity. The trust publicity includes a large range of the objects, so the measures of trust property publicity are flexible. It should be layed down according to the quality of the trust property. The last session of this part criticizes the practice of the center of trust property publicity in Shanghai.Part 4 is about the thought of author for the establishing of the Chinese trust property publicity. In regard of the safety of the trust property, I think the trust property publicity should cover all the trust properties. The measures of trust property publicity should be different from that of ownership publicity. And the legislation should consider fully the convenience of the applicators. For instance, it should unify the bureaus in charge of the trust property publicity, give a clear notice of the dossiers which the applicators should submit.