The Research Of Trustee's Obligation Under Trust Law

Trust system is always praised as "English greatest and most remarkable achievement in the field of law" by scholars, because it is the extremely notable contribution that it starts the unique property separation way, The way can realize the high efficiency in assets manages, but there are some risks undoubted about trust property's being corroded or evacuated. To ensure trust system to work safely and orderly, it is necessarily that some studies are carried out on trustee's obligation. At the same time, the items on trustee's obligation are random in our Trust Law, it makes people consider that all the proceedings about trust manage must be stipulated in trust deed by client, and otherwise the risks can't be avoided easily. What's more, trust manage is related to some manage troubles in the special fields and instances beyond belief, and there are many evident shortages in our jurally regulations as well as, so it is also necessarily that some special studies are carried out on trustee's obligation.The article's start is based on the case "Trust Ai Jean's indicting Jin Hang Xi", so that some doubts are bridged forward about the involved regulations on trustee's obligation in our Trust Law. The article uses the comparative method and the thought of coming to a depth to investigate from historical evolution, theoretical foundation, inter and outer relation at first in order to refute the viewpoints which some scholars support that the basis on trustee's obligation is the contract, and point out it's having characteristics itself. All above, the conditions are created to generalize and illuminate the specialties on trustee's obligation. Secondly, through trustee's comparing with other conceptions and generalizing eight restrict characters including intention etc, the characteristics of compulsion and contract on trustee's obligation are mined from the above, therefore the foundations are established to bring forward legislative suggestions. Finally, the article recites briefly the course of our Trust Law's being constituted, compares with the involved regulations on trustee's obligation in British and Taiwanese law, indicates the shortages existing in our law, so the designs on legal perfection are putted forward, suggested to add the regulations about throwing daylight on information, establish the principle of converting the onus propend, achieve law-relation on trustee's obligation. The article describes particularly the reasons, as well as the feasibilities are built up really about the suggestions in our legislations.