On The Lutiny Obligation Of Trust Trustee

Trust originated from British law, which is a unique product of the common law. Based on the theory of common law, the Trustee for a specific property, isolated to equitable ownership and legal title. The overall management of the trust property rights granted to the trustee, but also applied to the trustee of the trust property in favor of the interests of management fiduciary duties. The core of the relationship of trust is an implementation of the protection of the principal purposes of the trust and the beneficiary trust benefits. It’s important to ensure the perfect legal mode to provides trustee fiduciary duty, equitable trustee and the beneficiaryof principal legal relationship rights mechanisms.With the rapid development of the global economy, the Trust with its unique charm to dispose of certain property, gradually spread by the common law countries, civil law countries.Trust System in China experienced the founding of the pilot, after the suspension of the consolidation to the enactment of the law of trusts, the trustee system initial shape.Due to the economic, cultural and political difference between different countries, China did not introduce a comprehensive concept of trustee fiduciary duties during the process of transplantation system of common law trust. China Trust Act provides no express provision in fiduciary duties, following with a replaceddescription of good faith and other moral constraints specification. The design of fiduciary duties will ensure that the interests of the Trust to achieve the core, promote and t affect the system’s long-term construction of the National Trust.The full text is divided into four parts:The first part provides an overview of the concept of the trustee of the Trust and fiduciary duties, and the origin of them. The second part of the two legal provisions on fiduciary duties, including fiduciaryduties, content, scope, standards, characteristics, to achieve a comprehensiveunderstanding of fiduciary duties.The third part is the analysis of theinstitutional design of fiduciary duties. As a global wealth management system in China, trust plays a more important role. Lutheran elements of the part from the relationship of trust, fiduciary duty standards and fiduciary duties to the performance of the three aspects of system design, analysis of the fiduciary duty expect revelation improve our system of fiduciary duty.The fourth part will be based on the country’s development status of legislative situation analysis to identify the drawbacks of Trustee’s fiduciary duties, combined with the actual situatior of China’s trust industry and the actual situation of China’s market economy. Recommendations would be made under the analysis of trustee fiduciary duties.