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The Research Of Trust Property Publicity

Posted on:2008-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:B GuoFull Text:PDF
GTID:2166360242977597Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Trust is the UK equity products carefully nurtured, in the light of the unique social function of the Trust, the United States, Japan, South Korea and other countries with its own national conditions to the introduction of a national trust, the Trust Law in China Most of the content was derived from the above-mentioned countries Trust Act.In this thesis, from the first chapter starting with the concept of trust, the trust property to introduce the concept and features of the trust property to the Trust the significance of the system, from the common law and civil law on the ownership of the trust property to different interpretations, starting through the theory of dual ownership analysis, a combination of a civil right characteristics, launched the civil law the independence of the trust property characteristics, characteristics of the independence of the civil law of the trust property caused by a series of functions, such as bankruptcy isolation, identity derived from the characteristics of a range of issues, the Trust adopted the analysis of a system of notification, that the establishment of a better system of notification of the trust property significance. The second chapter on common law and civil Trust publicity, by the common law on dual ownership, that the trustee is the legal name of the owner or the owner called, in accordance with the trustee Trust the contract or the law provides for the trust property to possession, use and disposition of rights, and the beneficiaries are entitled to the beneficial interest of the trust property, the trust property is the actual owner or the beneficial owner. In common law there is no argument ownership of the trust property, in the common law, in addition to Charitable Trust, the trust property has no special provisions publicity. Immediately after that, that the civil right to a system of a dual ownership in the face of the trust generated by the system when the difficulties of interpretation of the trust property reasons for the emergence of independent features, and introduced a whole different types of civil law countries of the trust property various publicity, at the same time leads to a foreign trust property registration office of the relevant circumstances, as well as foreign transfer of the trust property registration and characterization of the trust property to the specific operation. Finally, the registration status of the trust in comparison with other countries, analysis of China's entry into force of a trust registered and the uniqueness of the causes of our country and the registration authorities and the foreign registration office to the comparison, China's presence registration office complex problems.The final chapter, a comprehensive analysis of China's current registration of the trust property specific circumstances, namely the entry into force of the trust registration, and does not have a unified real estate registration authorities, not how the trust property for the property that the relevant provisions of China's listed property trust the current registration system reform the contradictions and difficulties, finally, from the connotation of the trust property, the property needed publicity types, specific items of registration and registration organs of publicity on these four aspects, has proposed the establishment of a unified, established by the Government in accordance with the geographical , the nature of institutions, agencies registered with the existing cooperation, both in networks and entities registered for the comprehensive trust property registration office vision.
Keywords/Search Tags:trust property, a system of notification, publicity agencies
PDF Full Text Request
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