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China Trust Publicized Legal System Study

Posted on:2010-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:S CengFull Text:PDF
GTID:2206360278969794Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Trust announcement is an important element in the trust system. Trust announcement system means that the fact of the established relative property has been to be released to the public by a certain way. so that the client's creditors or the third-party transact with the trustee knows the property has been established the trust or know that the object of the transaction is the trust property or trustee's own property. Trust announcement should be subject to the transfer of the public property, it is deeply defected by the property public, but trust announcement is different from the property announcement, the transfer of the of the property rights of the trust announcement is a formal transfer while the property announcement is the essence of property rights transfer.Based on the similarities and differences between the trust registration and the property rights registration, the trust registration should not be divorced from the trust property and can not be divorced from the it as well. Trust property registration office should to be combined with the property registration office, trust registration should be synchronized under the existing registration of property rights registration system. On the one hand, the trust property registration must follow the general principle of the change in the registration, and should reflect the characterization of the trust establishment on the other hand. According to the different types of property of the trust registration, respectively, have different registration authorities, the registration of the specific method and application of the tax system.According to the specify in the article 10 of《Trust Law》in our country, trust announcement is the decisive condition to determine the trust is valid or not. Our country apply the validity has its own special legislative background and reasons. Trust is a adjustor to balance the interest conflicts between the trust beneficiary and the third party, With the effectiveness of the avoidance of double taxation, it needs the the carry out of the trust announcement system if the trust business really want to be implemented the property rights transfer, moreover, the development of the trust industry can't be separated from the inculturation,diversification of the trust business, it is urgent and necessary to improve our country's trust announcement system.
Keywords/Search Tags:trust announcement, trust registration, the trust property, trust tax
PDF Full Text Request
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