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The Research On Trustee's Civil Liability

Posted on:2007-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:M J XiaoFull Text:PDF
GTID:2166360212973510Subject:Legal theory
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The trust is a nimble property management way. The trust has obtained the widespread utilization in the ordinary legal system countries, and it has been accepted by more and more mainland legal system countries. Along with the establishment of our country's market economy, and the improvement of people's living standard, the surplus funds in the society have increased gradually. People start to seek a nimbler than more effective property management way. These investment ways such as the negotiable securities, stock are not uncommon glossaries to the common people. The trust turns up in people's life against the background.In order to promote and regulate our country trust behavior, our country passed the first Trust Law in April 28, 2001 since it had been proposed 8 years age. This law plays an extremely vital role in managing our country's trust behavior, and in defending the legitimate rights and interests of the trust parties, and in safeguarding the development of the trust profession. However, some of the law's stipulations about the trustee's civil liability are not perfect. The trustee has the trust property which shifted by the bailor, and manages trust property for beneficiary's benefit according to bailer's request. In the trust relations, the trustee has always the core position. Trustee's civil liability system is the important method which safeguards trustee's rights and duties. Perfection of the trustee's civil liability system in the legislation is related to the trust enterprise's healthy development. But the stipulations of our country's Trust Law's about the trustee's civil liability are scattered, which results in the weakening of its preventing and suppressing functions. The stipulations about trustee's civil liability can be seen in the other regulations which relating to trustee's civil rights and duties. There are not unique sections about the basic question, such as the attribution principle of the trustee's civil liability, and evidence principle, and the responsibility form, and exempting of responsibility. Due to the flaws existing in the system of the trustee's civil liability investigating, the development of the trust profession in our country has encountered heavy blows time and time again. The important trustee--trust company's development has sunk into the dilemma in China. There are no more than 60 trust companies at present after 5 large-scale professions reorganizations. Moreover, some of them are still illegally running. The mass, even the trust profession interior personages are sceptical to the trust's prospects in China. According to the precarious situation of the trust profession in the national scope at present, and according to the present situation when the interrelated legal rules urgently need consummation, the author believes that research on the trustee's civil liability is of vital significance for us to regulate the trust behavior in the legal methods. Combining the particularity of the trust behavior, this article analyzes the trustee's civil liability basing itself on the related principles about civil liability. Then author puts out some suggestions on ways of perfecting the relevant regulations.Except the introduction, the conclusion, this thesis altogether includes four chapters. Introduction. This part briefly introduces the theoretical and practical significance of the research on the trustee's civil liability. Then the author points out the object that this thesis research, which is the trustee in the internal relations (trustee and beneficiary).The first chapter has analyzed the definition of the trustee's in the legal field. This chapter is based on trust duty which produces the trustee's civil liability. In this part the author thoroughly analyzes the relationship between the two basic obligations and the civil liability. And then the author summarizes the legal connotation of this special civil liability--the trustee's civil liability. At the same time the author further summarizes three legal characteristics of the trustee's civil liability: The trustee's civil liability is a compound of two characteristics; The trustee's civil liability belongs to the faults responsibility; The trustee's civil liability is a kind of property responsibility.The second chapter discusses the attribution principle and the evidence principle of the trustee's civil liability. This part is based on the study of the basic principle about the trustee's civil liability, and it discusses the trustee civil liability's principle in the methods of the comparison. By this way the part explains that it is the rational for the responsibility principle of the trustee's civil liability adopt the faults responsibility principle. In accordance with the difficulties of providing evidence, the author proposed that inversion evidence responsibility should be adopted in proving the trustee's civil liability.The third chapter elaborates the ways of undertaking the trustee's civil liability. This chapter has made a comparison between the trustee's civil liability and the trustee's fiduciary duty, and then proposed that acceptance the trustee civil liability should adopt the principle of unlimited liability. The trustee should undertake his civil liability with the innate property as the guarantee. At the same time the part sums up how the trustee undertakes civil liability.The fourth chapter comments on the legal rules about the trustee's civil liability. The chapter analyzes the relevant regulations of the trustee's civil liability in Trust Law, and then points out some deficiencies of these regulations. On the base of appraising the present legal rule in the legislation the author puts forward some suggestions. The suggestions include: Differentiate trustee's attention degree; Adopt the compromised legislation pattern to stipulate trustee's faults; Confirm the unlimited liability undertaken by the trustee to the beneficiary; Affirm that the agents should undertake the same responsibility with trustee, when the trustee entrust other agents; Stipulate the exemption of responsibility.Conclusion. This part summarizes the major point of the entire thesis. The conclusion reiterates that the relevant regulations in our country should be consummated. Only by consummating the legal system environment unceasingly, can the social and economic environment be gradually improved.
Keywords/Search Tags:Trustee, Trustee's civil liability, Attribution principle, Evidence principle
PDF Full Text Request
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