The Property Ownership Of Trust Belongs To The Comparative Study

"An extremely important aspect of the human activity carries on transformation and management of the property, seek more effective system design, this is one of the inherent reasons why human civilization can be developed continuously. " Trust is that one such offers long-term planning, transfer of property and management mode of extremely flexible space. Just because these unique functions in such aspects as transfer of property and management of trust, make favor to receive countries all over the world it, continent law department country acknowledge and introduce the trust system and get considerable development one after another. But the trust system is that a continent law is a thing from abroad in the legal system changes after all, the transplantation of trust must go through the difficult localization course, the ones that face at first in this localization are how to solve the problem that the property ownership of trust is belonged to. Various trust systems at all times and in all lands of this text include in the research object, use the concept analysis, value analysis, historiography investigating and such methods as the comparative law will be analyzed, it is deepened that there are one ownership questions that makes every effort to the property ownership of trust and sober understanding.This text proceed from basic theories of trust, introduce Great Britain American and French department trust property legal environment and trust double forming process of ownership that ownership produce synthetically, use Great Britain American and French proprietary theory of department carry on deep research to trustee ownership and beneficiary weighing apparatus ownership of flat law of common law. Through analyzing background difference and theory difference that department's proprietary theory of two fundamental laws and principles forms, announce the continent law is a reason unable to explain the double ownership of trust of the national civil law theory satisfactorily. Further survey continent law department in solve trust property ownership belong to different mode and " convention, trust of Hague, " at various countries The background produced, stipulates and the evaluation and analysis of " Hague's trust convention ".It is practice -oriented for law science not to study, law science research ofChina should make meeting the demand of practice of China as one's own duty. In view of this, the last chapter herein is the analysis to that the trust of our country legislate, collecting our country has regulation legislated to belong to to the property ownership of trust in trust now, objective evaluation and analysis our country have pros and cons that trust legislate now, draw support from jurisprudence " pluralism of value of law "," whether value of the law in order nature " and efficiency principle theory, put forward view to award property ownership of trust trustee, try hard, have one deepen and sober understanding to trust property ownership issue of ownership.