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Trustee Of A Trust The Legal System To Study

Posted on:2013-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:B Y ZhangFull Text:PDF
GTID:2216330374458180Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As a property management system, the system of trust is derived from the English Use. Compared with other similar legal system, the trust is more effectively in the system of property transferring and management, and it is suitable for long-term planning, Used as a flexible system, the benefit of the beneficiary may be the effective guarantee. In our country, the trust law of the People's Republic of China was promulgated in2001, the implementation of the trust provides the strong system guarantee, making the social deep function of the system playing a role in our country.Our trust law defined the trust as:" for the confidence the client entrusts the property rights to the trustee and according to the will of the client, for the benefit of the beneficiary or for specific purposes the trustee disposes the management behavior in its own name ". In the trust law relationship, the trustee is the bridge that connecting the client and the beneficiary, acting the extremely important role, because the basis of the trust relationship is established on the trustee's trust, the trustee has the trust property right of disposition. And in their own name the trustee managing and disposing of the trust property has two basic premise:One is the client must comply with the will of the client and have the management or action, not against the will of the principal; Second, the purpose for the management or disposition of the trust property must be for the benefit of the beneficiary, not for your own or other s'interests. The trustee has a contradiction with the agent and the beneficiary. In order to realize the client and the trustee's legitimate interests, we have to regulate the trustee.In this article the author attempts to have the analysis of the connotation of the trustee and three theoretical basis in the related trust system:the theory of the separation between the trust property ownership and interests, the theory of the independence of the trust property and the theory of trust limitation responsibility, summarizes some of the basic ideas of the trustee system.Then, according to the relevant provisions of the English and American trust law, the national trust law and our trust law, analysis the trustee's rights, obligations and responsibilities, and puts forward the trustee's system existing some defects:the market positioning of the trustee is not clear, lack of the trustee's credit evaluation system, the fuzzy trustee's rights definition, the too general trustee's obligation and the lack of responsibility system. Finally, proposed some suggestions:clearing the trustee's market orientation, building the trustee's credit evaluation system, strengthening the trustee's right protection, perfecting the obligations of the trustee and adding the responsibility of the trustee, etc.
Keywords/Search Tags:Trustee, Right of Trustee, Obligation of Trustee, Liability of Trustee
PDF Full Text Request
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