The Study On Trust Property Publicity System

Trust, is the greatest creation of the equity law. The civil law countries who want to introduce it to its own domain must give special consideration to its economical, social and cultrual backgrounds. The foundation and consummate of the trust publicity system is an important part of the transformation for the civil law systems.This dissertion has three parts, the preface, the text which consists four chapters and the conclusion.Chapter1, the nomological basis of the trust property publicity system. First, the author introduces the conception of the trust publicity and its development.Logically, the conception of trust publicity and trust property publicity is almost the same. Japan took the lead in the specific trust property publicity system. The principle of property publicity, the independence of the trust property and limited obligation is the nomological basis of this system. On the one hand, the principle of one ownership in one subject and property publication and good faith in property law requires the trust property must be aligned; on the other hand, the independence of the trust property and limited obligation makes the trust property have a strong quasi-personality tendency, which is the basic character of the trust. The civial law countries should follow the character above and show it in its own legal system.Chapter2, the necessity and value of the the trust property publicity. This chapter illustrates why the civil law countries establish the trust property publicity system. In the argue, the author also analyse the main contradiction of the publicity—the obturation and the publicity. Macroscopically, the protection of trade secruity, regulation of the trustee's moral risk to make up for the absence of the markete credit calls for trust property publicity; microcosmically, the seperation of the property were not sufficient to exert the protection of the trust properties, together with the assets of the rapid development of securitization, special purpose trust is also an urgent need to establish a system of public trust property.Chapter3, trust property publicity in Anglo一America law system and civil law system. Trust is the creation of equity law,therefore, this chapter presents the difference of the two legal systems. On this basis, the author analyze the relevant provision and the defect of trust property publicity in our countries. Anglo一America law system also has trust property publicity systems, such as trustee's obligation of embark, special notification, strict reliance and the beneficiaries'right of property tracing, while the civil law system has specific regulation of trust property publicity. Here,the author take Japan's regulation as the example. As to the effectiveness, there is publicity and publicity against the entry into force. Most countries which have already estblished trust property publicity adopt publicity against the entry into force while our country adopt the entry into force of publicity which is against the private autonomy. Besides, the related provisions and the specific design of the system are also imperfect in our country.Chapter4, the specific designation of the trust property publicity system in our country. On the analysis above, this chapter mainly discuss the trust publicity system in our country. We should adopt various types of publicity according to the different types of trust property. We have established the STRC, maybe, we can establish a relatively unified body of public trust property.