Legal Thought On The Trustee System In A Trust

"Legal Thought on the Trustee System in a Trust"analyzes the trustee system in a trust mainly from the legal perspective, comments on the core content of the trust system based on the trustee system in a trust. It points out the defect of the trustee system in a trust law in our country and puts forward my suggestions on the construction of the trustee system in a trust. The whole paper is divided into three chapters. Chapterâ… is about the legal status of the trustee in a trust. The trustee in a trust is the most important party in the trust relation, who determines the success or failure of realizing the trust goal and the working of the trust system. This chapter is divided into two parts. The first part is about the party in the legal trust relation: one, trust is a legal relation that a trustor transfers the right of the possession in the trust to the trustee who, by means of the fiduciary documents and legal regulations, manages and handles the trust property, and gives the profit of the trust property and principal input to the appointed beneficiary by the trustor; two, the trust law in our country regulates that: the trustee is a natural person or juridical person having complete civil capacity who accepts the trust of the trustor in a trust, manages and handles the trust property according to the goal of the fiduciary documents regulation in his own name for beneficiary's interest or special purpose. The lasting of the trust and the realization of the trust purpose all depend on the effort of the trustee; three, trustor is the subject who entrusts others with the care or handling of his property; four, beneficiary is the subject who is appointed by the trustor and directly enjoys the economic interest from the trust; five, it is about the difference between trustee in a trust and trustee in an entrust, agent in a surrogate, commission agent in a commission, and makes clearly the outer features of the trustee in a trust. The second part is the core of the fact that trustee system in a trust constitutes the trust system. The key problem of the trust system is the point of penetration of how to improve the trust system. This part comments on the core of the trust system-the trustee system in a trust by analyzing the trustee system, based on the basic theory of the trustee in a trust. One, the basic theory of the trustee system in a trust:one,the separation theory between the right of possession of trust property and the interest;two,the independent theory of the trust property;three, the limitation theory of the trust responsibility. Moreover, the establishment of a trust is inseparable from three definite principles:one, the definiteness of establishing the purpose of a trust;two, the definiteness of trust property;three, the definiteness of the beneficiary of the trust. Three basic legal theories and three definite principles-the separation between the possession of the trust property and the interest, the independence of the trust property and the limitation of the trust responsibility, are the cornerstone of discussing the trustee system in a trust. Two, the trustee system in a trust is the core of the trust system. Trust is completed by a series of actions of the trustee, then the core of the regulating the trust system is of course the trustee system in a trust. The trust system is the trustee system in a trust to some extent. Chapterâ…¡is about the right and responsibility of the trustee in a trust. There is conflict of interests between the trustee in a trust and the beneficiary which is an inevitable fact. So it is necessary to regulate properly the right of the trustee. This chapter is divided into three parts. The first part is about the right of the trustee in a trust. It mainly refers to: one, the right to manage the trust property and handle the trust matter; two, the right to gain the award for performing the trust matter by himself; three, the request right to ask for compensation for the cost and damage; four, the right to entrust others to handle the trust matter; five, right to resign and appoint. The second part is about the responsibility of the trustee in a trust. It mainly refers to: one, the responsibility of managing the trust property and handling the trust matter according to the trustor's will; two, the responsibility of care and loyalty; three, the responsibility of managing the trust property separately; fourth, the responsibility of handling the trust matter in person; five, the responsibility of designing, reporting and keeping secret the account; six, the responsibility of giving the beneficiary the trust interest; the responsibility of making up the damage and restoring the trust property. The third part is about the legal responsibility of the trustee in a trust. Though the trust law in our country does not regulate the legal responsibility, it does not mean that the trust partycan do just what he pleases and is not subjected to laws. The responsibility of the trustee in a trust is discussed mainly from the perspective of the civil responsibility. It mainly refers to: one, the responsibility to the beneficiary; two, the responsibility to the trust property; three, the responsibility to the third party. Although the trustee in a trust commits the error when he fulfils a contract, if his conduct has been approved or confirmed subsequently by the beneficiary, or the beneficiary has given up his right to ascertain trustee responsibility, the trust responsibility violated by the trustee can be exempted. Chapterâ…¢is about the defect and the construction of the trustee system in a trust. It is mainly divided into two parts. The first part is about the defect of the current trustee system in a trust: one, the absence of the system of the careful investment responsibility by the trustee in a trust law; two, when the co-trustees have different opinion, how to deal with the matter, which is not regulated specifically in the trust law; three, the reward principle of the trustee regulates that" principle based on no reward and the principle based on the reward as the exception"is improper for the occasion; four, the indefiniteness of the trust right of trustee system in a trust; five, the fussiness of the trust property possession belonging. The second part puts forward some suggestions on the improving the trustee system in a trust: one, improving the trust conduct and the legal model in the trust, turning from the separate legal model to the combined legal model, putting the trust arrangement into the adjusting range of the trust law; two, the construction of the investment responsibility of trustee in a trust. The legal responsibility should be supplemented in the law, for example, regulating "if the trustee violates the careful investment responsibility, the trust property should be restored to the state before the damage."The nature is mainly the compensation, in order to restore the former situation as the main goal. When it is impossible to restore the former situation, the money can be paid; three, the improvement of the trustee in a trust's right system. It should increasingly expand the trust right of the trustee, and facilitate the prosperity and development of the trust matter.