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On The Equity Trust

Posted on:2007-08-12Degree:MasterType:Thesis
Country:ChinaCandidate:Q W YuFull Text:PDF
GTID:2206360182490925Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Trust of right of shares is a new type of trust product, which has flourished in the field of company practice of our country in recent years. In fact, domestic theoretic groups make little research on that problem. Also, blankness for legislation is in existence. In practical affairs, trust of right of shares approximately includes three kinds, which are trust of right of shares investment,trust of right of shares financing and trust of right of shares administration. On the basis of trust law fundamental, some of the trusts have definite problems, and virtually can not be considered to be trust of right of shares. From the point of view of trust law fundamental, this dissertation make systemic analysis and expatiation in both theoretic and practical aspects for trust of right of shares. On one side, some misleading cognition about trust of right of shares exist in practical affairs are rectified. On the other side, the classification, function and operation of trust of right of shares are explained from point of view of what it should be.This dissertation is made up of three parts: preface, text and conclusion. And four chapters are included in the text.In the first chapter, trust fundamental is briefly expatiated. It is illuminated mainly from the aspects of trust property, trust relationship and parties, continuity of trust administration, which aims at offering foundation for the dissertation of trust of right of shares in the following text.Trust of right of shares is analyzed and constituted in the second chapter. Being started with two premises of trust of right of shares (the dispute between right of shares and right of shareholders, the scope of idiographic forms of right of shares), trust of right of shares is divided into trust of right of lucre and voting trust in microcosmic significance, and both of them are discussed respectively in this part. For trust of right of lucre, as a result of the blankness in theoretic study, we build a theoretical system according to trust fundamental. From the point of view of trust law, function of such trust product is oriented. Principle and function of voting trust are also discussed in detail. At the same time, its emergence and operational background in America are profoundly explored, which may provide knowledge repertory and use for reference for operation of practical affair in our country.
Keywords/Search Tags:Trust of right of shares, Trust of right of lucre, Voting trust
PDF Full Text Request
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