Good Tube Obligations Of The Trustee With The Duty Of Loyalty

As the core of the modern trust law, trustee law is supported by two basic principles, that is, the duty of loyalty and the duty of care. The duty of loyalty asks for "doing a good job", the moral request of the trustee, and the duty of care asking for "doing good" is to ensure that the trustee fully displays their professional skills, the premise of seeking maximum benefits for the beneficiary. With the development of the practice of trust investment, trust as a financial expert system, require the trustee is the paid professional administrator. The trustee must have the professional skills of trust investment and trust management. Therefore, the importance of the duty of care, in particular the relation between "loyalty " and "care " and the principles of conflict management is increasingly prominent. Based on modern principles of trust law,the author thinks that has an order between the "loyalty " and "care ", and it incorporates as under: the "loyalty " is the commonly principle, and the superior duty. However, the "care " should obey the "loyalty ". When have the confliction, the "loyalty " should be the first, and it's the require for belongings safety. On the object of loyalty duty ,says that the point should be the beneficiaries, and the author think that modern relationship of trust based on the actual and the nature of trust, that is client, and not the beneficiary. It's different with the classic point, but it's indubitability.