Research On Civil Liability Of Trust Trustee

Trust is generally used in common law countries,is a very flexible way of property management in the era of economic take-off, the flexible way of property management also gradually accepted by many continental law system countries.The essence of the provisions of responsibility entrusted people thing, on the one hand, is to let the trustee for his breach of trust and bear the unfavorable legal consequences, on the other hand, in order to better ensure the beneficiary beneficiary.Trust is at the heart of the trustee for the effective management of the beneficiary of the trust property.But, in the social practice, trust, the trustee will often breach of trust, not serious to meet its obligations, lead to the trust property damage, the rights and interests of the beneficiary not guaranteed.Therefore, ordered the trustee against trust violation should bear civil liability, the trustees violate the trust cost increase, to constraints of financing behavior of the trustee, is an effective way to the beneficiary’s rights and interests protection.Trustee’s civil liability provisions in the <<trust law>> in our country are more general, with the existing provisions have some disadvantages in the practice of solving legal problems, the operation is difficult.Therefore, to make the <<trust law>> in the trust affairs play a proper function, and the trustee behavior norms effect, make the purposes of the trust can be smooth realization, requires the trustee’s civil liability in perfect.In this paper, using the open mode of thinking, the thinking mode of comparison system, to the trustee bear the corresponding civil liability and the basis of the analysis of the legal nature of the system, this paper expounds the trustee shall bear civil liability in the <<trust law>> of legal problems.Draw two big legal systems about entrusted with the people’s trust in the responsibility system, the relevant provisions of the civil liability of trustee of perfect legal system.