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Research On Guarantee Trust

Posted on:2010-05-05Degree:MasterType:Thesis
Country:ChinaCandidate:J FanFull Text:PDF
GTID:2166360272993476Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
A trust is a fiduciary relationship in which one person is the holder of the title to property subject to equitable obligation to keep or use the property for the benefit of another.The purpose of this paper is to analyze whether a security right could be created by the trust which I call it guarantee trust.In order to make my analysis more persuasive,I will compare the guarantee trust with the real rights for security prescribed in the property law which I call it typical guarantee.I will divide the paper into five parts.In the first part,I will give a general introduction to the purpose,the content of this paper.In the second part,I will introduce some basic knowledge of trust and real rights for security and give my critical view to the real rights for security prescribed in the property law.In the third part,I will focus on the difference between guarantee trust and typical guarantee in the range of property,the way of creation,the publicity systems and the legal effects.In the fourth part,I will introduce three different kinds of guarantee trust,namely,trust indenture,third-party guarantee trust and transferguranty.In the fifth part,I will give my reason for why guarantee trust not disobeying the numerus clausus of real rights.In the end,I will give my conclusion.
Keywords/Search Tags:trust, guarantee trust, real rights for security, trust indenture, third-party guarantee trust, transferguranty, numerus clausus of real rights
PDF Full Text Request
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