On The Independence Of The Trust Property

Originating from the Anglo-American Equity Law, trust is a system for property management widely practiced in the Common Law countries. The "Dual Ownership" theory is hard to understand for the Civil Law countries with the property right theory in the traditional civil law when they try to accept the trust system, for the legal relations in trust are hardly describable by "one thing, one right" principle. Then how to handle the conflict so that the trust theory can be of service to the Civil Law system? One technical approach is to establish the principle of the independent character of trust property. Firstly, the author introduces the content of independence of trust property. Secondly, the author expatiates the requirements of trustee, the protection of related creditor and its loss in the independence of trust property. Finally, the author discusses the flexible application of independence of trust property while pointing out the law adjustment and perfection of trust of state-owned assets.