On Real Contract Nature Of Trust Contract

Trust contract is the most important way to establish trust legal relationship. In Chinese Trust Law, the rule of the establishment and effectiveness of trust contract is vague, and the main reason is that the nature of trust contract is not clear. An essential factor in establishing trust is that the settler must transfer the trust property to the trustee. This paper mainly discusses whether trust contract is real contract on nature. Except for the introduction and the conclusion, the main text of this paper is divided into 4 chapters:Chapter 1 describes the legal context of trust contract, including "brief review of trust" and "the establishment of trust", introducing the question: Is the transfer of the trust property included in trust contract?Chapter 2 focuses on several basic questions of "trust legal relationship", analyzing general rights and obligations of the settler, the trustee, and the beneficiary, and explaining two significant points: the ownership of trust property and the nature of beneficial interests.Chapter 3 comparatively studies the regulations about "the transfer of trust property" in foreign trust law, including the consideration rule in common law and the juristic act theory in civil law. Then, the related provisions in Chinese Trust Law are elaborated and the real trust contract nature of trust contract is concluded.Chapter 4 analyses the legal application of the real trust contract nature of trust contract. The trust property cannot be transferred by force, except that the trust contract is paid contract.