Functional Analysis On The Legal Realationship Of Trust

Modern trust is thought to be originated from Britain equity. Common law and Civil law systems of different historical traditions created a different system of legal norms and legal reasoning, this also increases the difficulty of the sdudy on the trust. Existing research focuses on the concepts from the areas of civil law to find the essence of Trust, while few scholars in China have focused on the functional analysis of trust.This thesis is divided into four Chapters.Chapter One is a general introduction of the historical origins of the Trusts, and then analyzes the evolution of function of the trust from the property transfer in the early stage to the property management and risk prevention in modern times.Chapter Two mainly discusses the Trust affairs become the core of trust law since the trust's property management functions have been the core function of modern trust, and then analyzes the trust could be interpreted as a contractual legal relationship theoretically.Chapter Three demonstrates the theory and legal norm basis of the trust as a separate mechanism and the limited liability.Combined with the analysis of property management functions of the trust, trust could be regarded as a standardized contract. Integrating the function of property management and risk prevention, the Trust can be interpreted as an organizational body of legal relations.Chapter Four tries to demonstrate that the Trust Law of the People's Republic of China has established the legal norms that have created the basis to consider the trust as a contract and an organizational body, and then put forward some suggestions about the Trust Law of the People's Republic of China.This dissertation,on the basis of functional analysis, combined with positive analysis, historical analysis and system analysis, focuses on discussing the interpretation of the trust as a contract and an organizational body.Such interpretation is not only conducive to the functions of the trust, but also conducive to the Trust Law of the People's Republic of China to review the legislation and to provide general guidelines for the introduction of the trust.