U.s. Trust Law Duty Of Prudent Investment Research

In the transaction of international settlement, the possibly hostile consequence of the routine that bank transfers the bills that have been accepted to the buyer with the trust has aroused me the interest of this unique business design. Especially, during the course of bill purchase, how can bank's interest be effectively protected and how long this trust exchange walks its end all linger me tightly. Unfortunately, the currently basic legislations save all these questions a blank. No matter to perfect the documentary credit design or get rid of the different persistent ailments, it is crucially urgent to make a deep research on the obligation of the trustee.The United States of America takes the leading role of advocating the most advanced trust conception and also has the best trust law. The trustee's prudent investor obligation of U.S.A has walked a nearly 200 years road from zero to the splendid these days. The thesis is about to elaborate the typically and famously relative legislations and cases of America, meanwhile combining the china reality, so that can make more law makers have a further and close attention on this problem.The article is divided into five parts.Within the first part "trust and American trust", the essay simply presents the general theory of trust and the backgrounds of American trust. This section mainly focuses on tow point: one is the nuclear point of trust law relations—the property's double ownership; The other is the systematically illustration of American trust and trust law. As for the one before, the double ownership, is the key and also the end-result of the trust, which fundamentally sets the nuclear position of trustee act in trust law.Within the second part of the essay, the article also prudently analyses some basic conceptions, such as the definition, law attribute, and source and research method. This section is also a sum-up of the following parts. As for a totally new law term of trust law, the above conceptions should be distinctly defined and described as soon as possible. In this section, the author creatively puts forward four law characteristics of the prudent investor obligation; meanwhile, hold that the obligation is ought to be classified into the care obligation of trustee. As for thesource, the author has the opinion that the obligation lies in the contract-law, tort-law, and equitable-law. The final section of this part is about the research method; author holds that we insist the way of using concluding method, combining economy and comparison.Entering the third part "evolvement and history of American prudent investor obligation", the article probes the obligation's past 300 years road, upon from the early "legal list" to the UPIA.The fourth part " the legislation research of American trustee's prudent investor obligation is the nuclear part of this article. Based on the 1994 UPIA, author emphasizes studying and researching its theory backgrounds, destinations, substantial standards and the trust investment programs. Adding to the part three, the thesis herein almost completes the analysis and comment of 100 years American prudent investor law. Concretely, the article arranges like this: within the first section- preface, author mainly focuses on three topics, the theory of portfolio, five fundamental changes, the application on the institution investor. Within the second section, the essay illustrates the standards of care, strategy of portfolio, management of risks and returns, scattering, cost, agent of the trustee, damages and compensations. The last the section talks about the investment programme under the UPIA.The fifth parts, also the final part of the article are some realistic problems and the settlements about the china investment area. The article thinks that the most direct reason that china trust's accident frequently occurs lies in the blank and weak of the trustee law. Admittedly, the prudent investor obligation acts the soul point. Analyzing the present reality, probing the road to construct our own act, that urges china lawmakers a signal and guidance.The act of U.S A prudent investor rule consists the emphasis of the whole article. The author additionally adds some related information of china and Britain, using the way of footnote.