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Research Trust And Contractual Relations

Posted on:2008-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:K XiongFull Text:PDF
GTID:2206360212498740Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
This thesis tries to discuss the essence of trust by analyzing the distinction between trust and contract.The text of this thesis consists of three chapters.Chapter One—"the distinction between trust and contract under Anglo-American Law system"—discusses the theoretic distinction between trust and contract by analyzing the definition of the two concepts, and by analyzing the cases of Britain and Australia,introduces how the judges distinct trust and contract when they exit side by side, specially in the circumstance of contracts for the benefit of third parties. Though the position has been changed to some extend because the institutions of Anglo-American Law countries have circumvented"the doctrine of privity of contract", the distinction between the two concepts is still apparent. Judges usually decide whether there is a trust or just a debt created by contract in any particular case through recognizing the intention of the parties.Chapter Two—"on the cognition about the relationship between trust and contract of the Continental Law countries and religions"—introduces the situation of indraught of trust the Continental Law countries and religions and the cognition about the relationship between trust and contract. By the introduction, we can see the effort to reconcile the confliction between trust and the inherent legal tradition and legal system.Chapter Three—"on the cognition about the relationship between trust and contract under the law of our country"—introduces the representational doctrinal and judicial viewpoints on the cognition about the relationship between trust and contract. By analyzing the distinction between trust and contract, specially the contracts for the benefit of third parties, the author thinks, though the distemperedness of Chinese institution on trust, the distinction between the two concepts is still apparent, it can`t be said that, in China, trust is a kind of contract, or the Trust Law is special law of the Contract Law. The separateness of trust property endowed by the essence of trust clasifies the distinction between trust and contract. The author also makes suggestions on the institution to recognize trust and contract.In the Epilogue—"meaning of discussion on the distinction between trust and contract", the author tries to express that, though it seems that the inherent legal tradition and legal system of China can`t contain the entire trust system, there is noobstacle for us to the accept and develop trust.
Keywords/Search Tags:trust, contract, distinction
PDF Full Text Request
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