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On The Boundary Of Rights Of The Principal In China 's Trust Contract

Posted on:2016-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:J M LiFull Text:PDF
GTID:2206330461959039Subject:Commercial law
Abstract/Summary:PDF Full Text Request
Trust originated from Britain, in order to promote the development of economy and society, and the international community, China has introduced the trust system, and in 2001 April through the "trust law", provides a better property management system for the society. In our trust relationship is often through the establishment of the trust contract is established, our country to the provisions of the various trust relationship is built on a contract basis, this thesis presents the nature of the contract by the modern trust to discuss the right boundary client trust contract in our country.This paper mainly from the specific rights of China’s "trust law" provisions of the client, influence of combination of two legal systems of the client rights stipulated in our country, analysis of the significance of our country to the provisions of the rights of clients and the existing problems, through these analysis, to improve the rights of clients, thus control the client our trust in the contract the right boundary.This article mainly is divided five parts to carry on the discussion.The first part: the basic theory of the principal rights outlined in the trust contract. First an overview of the rights of clients, and then combined with the rights of clients in an article entitled the trust contract rights, discusses the introduction of contract system in the continental law system on the client rights effect, and the influence of the principal rights provisions of the trust of other parties. Through this part introduces the regulations on the rights of clients in contract mechanism based on the civil law countries, which leads to the principal of equal rights provisions below our trust contract.The second part: analysis of the principal rights of our trust in the contract. The principal of our trust in the contract rights mainly through the "trust law" provisions, of course, the client can retain other rights for themselves in the contract, this part mainly analyzes the specific provisions in China’s current "trust law" on the principal rights and obligations of the holder, and features the rights of clients in the contract to our letter.The third part: through the above details on the client’s rights relation of trust in China, analysis of the specified client rights significance and problems.The fourth part: the two legal systems of the trustee in the trust relationship right law effect, to our country for reference, leads to the following on the boundary the principal rights of our trust in the contract specific norms.The fifth part: in view of the right boundary principal China credit relations in the existing client rights norms our trust contract problems and principles to be followed.
Keywords/Search Tags:Trust, Client, Regulator, The right boundary
PDF Full Text Request
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