Trustee Obligations

This thesis mainly focuses on obligation of trustees. Trust is praisedas " English greatest and most remarkable achievement in the field of law". It's unique property separation way causes it to become conforms to themodern social economy efficiency property control system; At the sametime, the unique property separation way causes the trust to contain theinherent system risk --trustee's erosion or evacuating to the trust property.How rules and regulations trustee's behavior for ensuring beneficiary'sbenefit is studied in this thesis. It's divides into four parts: 1. The first part is the introduction, has introduced the researchmeaning, method of this thesis and defined the obligation as trustees, theresearch object of pointing out this thesis is limited to the trustees onTrust Law. 2. The second part discusses the theoretical foundation ofconstructing trustee's obligation. The article uses the method to compareto investigate from history in the trust system in order to study the routeat first, have denied the trust system and contract foundation of trustee'sobligation. Regards economic function of the trust system as the clue,uses the economics method article of the law to study the character oftrust, it is that the purpose of trust lies in offering for the rearrangementsof the power and responsibility among three party and third person.Trustee's obligation is legal, it is trust system special assets that separatethe result that the way must be produced. 3. The third part regards as the theoretical foundation of constructingtrustee's obligation lay a foundation , has regarded value orientation thattrust legislates as the clue to analyse the characteristic of trustee'sobligation on Trust Law. The thesis points out trustee's obligation ismostly force the regulation, but not set arbitrarily , it is the most basiccharacteristic of the trust obligation to be mandatory. Meanwhile, thethesis thinks that can't ignore the side with contract nature of trustee'sobligation , defines the meaning with contract nature of the trustobligation lies in adequately realizes the flexibility of the trust system, sothat Trust Law can serve the main purpose to set up trust , realizes thewill of the party of trust each side. 4. The fourth part reviews the deficiency of trustee's obligation onTrust Law of our country based on the research conclusions of a threeparts in the past, it include mainly: ①strengthen the trustee's legalobligation through legislating; ②set up related rule define behaviorstandard of trustee ; ③establish the burden of proof is inverted totrustees. The main contributions of this thesis lie in two aspects: a novel studyperspective; some creative standpoints and some breakthroughs ontheories, In brief, the chief character of trustee's obligation is mandatory ,can be said to be the most important contribution of this thesis.