Rights, Obligations And Liabilities Of Trustees

The trustee is in the important position in the trust legal relation. In this relationship, in addition to the trustee, there are clients that only to provide trust property and beneficiaries that only enjoy benefits, but, only the trustee of the trust property truly engaged in the disposal and management of possession. The existence of trust relationship, the achievement the purposes of the establishment of a trust, the processing of trust and trust function and effectiveness have had to completely rely on the efforts of trustees. The article is to trust the legal basis of a comparison of research methods, historical research methods, combined with our existing legal provisions adjustment trustee, to explore the rights and obligations regulated system, and its breach, abuse of rights, accountability. By analyzing common law, civil law, the legal trustee of the trust system that China's current legal system deficiencies and inadequacies in our current legal system imperfections trustee, gave more specific improvement recommendations.The whole article is divided into three parts: introduction, main text and conclusion.Introduction introduced the importance of the trustee in the trust, the rights and obligations of trustees and the liability closely linked to the success or failure of operation.Main text, including the following three chapters:Chapter one is the rights of trustee. In the trust legal relations, the right of trustees to complete the trust's purpose is the right of trustee. The Trustee in accordance with their status major enjoys two different rights: First, the trustee enjoys the rights based on the management organs of the trust property. There are two ideas. (1) The right of dealing with the management of the trust property and trust affairs. As a trustee of the trust property and trust of all the perpetrators purpose, the enjoyment of these rights is necessary to carry out the trust liability. Common law countries trust law in the management of the trust property and that the trustee has the right to manage trust affairs on the basis of the content of this right will be some concrete, and provides the...