Research On The Trustee's Duty To Inform Under American Trust Law And The Perfect Of Chinese Relevant Law

The essence of trust is separation between possession and income of estate,that is,trustee administers and punishes estate while beneficiary will get income of trust. How rules and regulations trustee's behavior for ensuring beneficiary benefit is the most important aspect all along.But academic writing has concentrated on the other fiduciary duties,such as loyalty and prudence.This article examines an aspect of trust fiduciary law historically ignored in the law reviews:the trustee's duty to provide information to the trust's beneficiaries about the trust and its administration.This article divides into four parts:The first part introduces the equitable basis of trust,necessity of defining trustee's Fiduciary obligations and legal station of trustee's duty to inform.The second part analyses the rule of Uniform Trust Code(UTC)in American concerned trustee's duty to inform beneficiary,and the adoption and modification when twenty states set down the Trust Law according to UTC.The third part discusses the character of trustee's duty to inform with two interdisciplinary perspectives:legal history and law and economics,and concludes that the duty to inform can be default law at times but should maintain a mandatory core.The fourth part reviews the deficiency of trustee's obligation on China's Trust Law,and puts forward some advices in order to accelerate development and prosperity of trust in China.The main contributions of this thesis lie in three aspects:First,an unique study perspective,that is,from two interdisciplinary perspectives:legal history and law and economics.Secondly,define the character of trustee's duty to inform beneficiary as a mandatory obligation.Lastly,advise legislature to strengthen lawmaking about trustee's duty to inform.In brief,the most important contribution of this thesis is to define the character of trustee's duty to inform as mandatory.