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On Legal System Of Trustee In The Trust

Posted on:2007-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:L N YanFull Text:PDF
GTID:2166360185458294Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Starting from the main basic theory of the trust and by the case of the legal rules of investment companies in the trust, this article notes that there are many shortcomings and deficiencies in our existing system of trustee, and makes the specific recommendations.The article is divided into four chapters. The first chapter is the overview of the trustee system. Starting from the definition of trust, the article clearly defines the legal status of the trustee and comments the basic theory of the trust. This chapter is divided into two sections. The section one is about the category and the legal statues of the trustee. 1, One of the most typical and integrity relationship of the trust must includes three important persons, the settlor, trustee and beneficiary. The settlor is the person who creates the trust, including wills trust and before death trust; Beneficiary is the person who maintain the trust property; Trustee is the person who accepted the settlor's conduct of the trust and be entrusted to manage and deal with the trust property for the interests of the trust. Trustee can be drawn from different angles into different types. Focusing on the practical application and value of the trust system, this article divided the trustees into business trustees and non-business trustees. 2, Trustees is the core in relationship of trusts. In order to decide soundness of a country's trust system, the system of trustee is essential. The section two is the theories about trustee system. The theoretical basis for the establishment and implementation of the trustee system lie in the basic principle of trust. This section describes three basic theories of trust system: First, separation theory of the trust property ownership from interests; Second, the independence theory of the trust property; Third, the limitation theory of the trust responsibility.Chapter two is the qualifications of the trustee. In the legal relations of the trust, trustee accepts the trust property and has the obligations of disposing...
Keywords/Search Tags:Trustee
PDF Full Text Request
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