A Study On The Legal Issue Of Trust Property

Trust that originates from equity of England refers to a legal system of being entrusted to supervise and treat property, in legal relations of trust, trust property is the kernel, which is the precondition and basis on which trust sets up and comes into existence. By reason of legal tradition, ascription of trust property is reasonablely interpreted under the framework of "double ownership" in common law system. The concept of property other than substance gets applied at large in common law countries, the signification of property includes two types, the first refers to property ownership, for the reason that there is no highly nonfigurative ownership in common law countries, ownership refers to rights that can be combined and decomposed sweetly in terms of social and economic requirements. The second meaning is object of ownership including both material property such as estate and chattel and intangible property such as patent and claim of compensating for damage.Since the beginning of last century, some civil law countries and regions transplant trust system, however, there is lack of regulation system of equity and flexible and metabolic conception of property right in civil law system, the structure of trust property right turns into a bottleneck that restricts synchronous development of trust system in civil law countries.In traditional theory of civil law, property right system is composed of two basic categories which refer to substance rights and creditor's rights. However, with the development of contemporary science and technology and commodity economy, substance rights and creditor's rights infiltrate into each other, the circumscription between them has been out of focus, the trends of substance rights anearing creditor's rights and the other way round have expanded, some new property rights cannot be involved in traditional substance rights or creditor's rights. Moreover, in terms of the principle of "one substance with one right" and "absolute ownership" in traditional region of substance rights. By all appearances, traditional theory of ownership is unable to provide an orbicular interpretation for the ascription of trust property.To amalgamate trust with native legal system, scholars put forward their own standpoints, although these viewpoints bear rationality to some extent, they are not compellent conclusion ultimately.Based on the trust legislation and the theory of ascription of trust property in the two major legal systems, the author applies the methods of concept, history, comparison , induction to analyse the specialities , form qualifications and...