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Private Interest Of The Client's Trust Rights

Posted on:2007-01-13Degree:MasterType:Thesis
Country:ChinaCandidate:Q SunFull Text:PDF
GTID:2206360182490262Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The trust is a special legal system originating in England and widely used in the common law system, which then introduced to the civil law system gradually. However, due to differences in the thinking style of the two law systems, the history background, the culture tradition, and so on, the trusts system which has strong common law trait is not in harmony with the traditional civil law system, and conflicts with the former law in a certain extent. Besides, as a special law of the civil law, the law of trusts does not harmonize with the civil law either, and the typical manifestation is the content relevant to the rights of the settlor. If the settlor, as a start-up person, is not clear of his rights and obligations, it is sure that he dares not to create a trust and prefer to choose other arrangements. Therefore, it will not benefit to the development of trusts and be a huge waste of the system. China issued the law of trusts in 2001, and there are also problems above in it. So, this text starts with the differences between the two law systems and the join of the trusts law and the civil law, and discusses the rights of the settlor in the creation, existence, variation and termination process of a trust. There are four parts in the whole text.The first part reviews the rights of the settlor from the history and the value of trusts. The origin and development of trusts in the history are very important to the rights of the settlor, since many the accidental in the history become the certain in the subsequent law, and we can also find the reason of much disharmony between the trust system and the traditional civil law in the development history of trusts, therefore, it is a necessary job to review the history for researching the settlor's rights. And the value of trusts influences the rights of the settlor macroscopically. A series of detailed rules of trusts, many of which relate to the rights of the settlor, are resulted from contradictions inside the value of trusts and contradictions between the trusts value and other value. And the differences between the values of the two law systems also influence the rights of the settlor in the law of trusts deeply.The second part studies the rights of the settlor in the creation process of a trust. Generally speaking, the former part is a primary introduction of the settlor's rights from origin and macroscopy, and from this part, the writer discusses concretely the rights of the settlor at each stage. The content of this part mainly includes the qualification of the settlor, the means that the settlor can create a trust with and the types a trust can be, as well as other detailed matters related to the trust property, and the legality of a trust, involving some issues close to the civil law and liable to be disputed, such as the protection to the creditor of the settlor, the enforcement of a trust, and whether the beneficiary can acquire the beneficial interest as a bona fide purchaser.The third part discusses the settlor's rights and its limits in the existence of a trust. The writer mainly studies the bounds of the rights which the settlor may reserve in the trust document and the extension the settlor can provide derectly in the trust...
Keywords/Search Tags:trusts, settlor, right
PDF Full Text Request
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