The Trustee Rights Research

Some scholars think that trust originated in Roman law, but more scholars think trust should be originated in Britain’s Use system in the 13th century, Francis elder brother monks regiment of monks to teach, the British cloth upcoming church of the baton to these monks urban land Use group management. When British ordinary courts do not admit use system, so when the beneficiary when right is damaged, the right without redress, but with the progress of The Times development, UK equity courtyard recognize property on the behavior of the honest credit assignee undoubtedly violated the principles of fairness and justice and judgment of equitable transferee must perform the transferor to its behavior of the third final instructions, the benefit right protected. Early in the last century, the trust system gradually spread continental law system country. Japan to take advantage of the trust oriented industrial development finance and first introduced the trust system, therefore, Japan exist only commercial trust and the public trust, and civil trust is not developed, but after tortuous development, now Japan has already surpassed the British business scale. In 1922, Japan has formulated the trust law "and" the business law. South Korea followed after introducing the trust system formulated the trust law and business law. Our Taiwan also issued in 1995 the trust law. France and Germany were followed by the trust, and the large scale development of commercial legislation is regulated. In our country, the trust system in the early 20th century already exists, but development is tortuous, successively after five times and rectification,2001 to countries of Anglo-American law system in China has formulated the "learning, trust law, the administration of trust and investment companies, and the procedures of capital trust, trust and investment companies in interim measures for the administration of trust relationship, but there are from developed countries like the United States, industries such as Japan there is a long way to go.The first part of this text first from the trust relationship in the trustee legal status began, mainly discusses the definition, the trustee shall have the qualifications and the trustee classification. In the trust relationship, the trustee is in the key position, the trustee in academic circles the definition of comparative reunification. Less controversy For the trustee shall meet the basic conditions, this paper which is divided into general qualification and special qualifications are discussed, our country has no will unincorporated organizations into the trustee range, but unincorporated organizations have been socialist market economy important subject, for our country economy development and market stability made great contributions to our country "civil" and other laws and regulations are admitted unincorporated organizations civil subject position, therefore, will unincorporated organizations into the trustee subject, is the inevitable requirement of economic development, but also needs of the unification of legal system. All countries have acknowledged legislation in the trustee of unicorporated organizations for economic status, indeed, they have many advantages for will unincorporated organizations into the trustee provide practical basis. Range The classification of the trustee another in this paper is more important part of Britain, the trust system in national development has a long history, play gives flexible characteristics, and the corresponding trustee species is also showing various complex classification of situation;But in civil law countries, civil trust because of their late start development time also is short, plus differences exist cultural tradition has not developed, commercial trust although become an important part of economic development, but the trustee type is relatively limited, due to the structure of essays, this paper length and the most common is the most important only several trustee classification is discussed, according to the personal attributes, participate in the trust relationship of successively, trustee, number of whether the trustee for purposes of the trust a person interests and profitable, and then divided into five categories of countries’legislation classification significance and comparative is discussed in this paper.The second part mainly expounds the trustee rights from negative to positive process, and discusses the trustee right source. In the early days of the trust relationship, the trustee is only nominal land ownership, neither actually occupy the land rights of management, no management responsibilities, their status in a very negative state, the trustee to accept the trust property for the purpose is more moral obligations and keep family property of transmission, the trustee basically won’t because of the entrusted property in his possession, but enjoy any reward. Trust system at the beginning of the origin of the feudal lords and big freehold property landowners played an extremely important role in promoting the feudal society, even to the wheel of history more civilization development. With the development of social economy, the rise of the middle class, the trust system also subsequently changing. The trustee obligations from originally of negative possession into need to make the trust property and transaction value of flexibility and rapidly changing market demand, require the trustee has greater rights can disposes of the trust property according to the market operation, and since then the trustee obtains earnings by the right to occupy the trust property is negative into positive participation trust investment management as the beneficiary interests actively seek investment ways to make the trust property value. The trustee rights origin, is the important content of the trustee rights, the trustee positive rights need to regulate their right to limit sources. The trustee trust benefits to the beneficiary for investment, already can will as an obligation, but change an Angle consideration, it is also the trustee of a right. This kind of right may be granted by the trust documents, or express inferred from trust ACTS;Also may be according to court order; According to the beneficiary requests, or agree or acquiescence; Or is according to the provisions of the criminal law. But the beneficiary is not certainly right from the trust properties sources, see, the trustee has not affected by the beneficiary interference independent of the handling of trust affairs power, the trustee management and disposition of the trust property rights directly from the tractor, namely the client by the trustee trust documents with management awarded the rights of disposing of the trust, and not be beneficiary beneficiary’s control. Therefore, in most cases the trustee investment decision is relatively independent, beneficiary to produce fundamental cannot influence, sometimes trust establishment aim is to protect those who do not have completely ability of conduct beneficiary. But on one hand, the beneficiary on the trustee instructions by its identity or trustee behavior in the event get beneficiary in the law recognizes ratification also range.The third part mainly expounds the trustee trust relationship in the modern all the specific rights. As the review said, with a right some of the trustee may not give up, for example, in the management of the trust property and the handling of trust affairs rights, change the trust property rights management methods, enforceable opposition right, trust others to handle the rights of; Some of the trustee may give up, for example by the right priority, obtain remunerations taste the rights, property lien, the right to remuneration, resigned RenQuan etc. The trustee of the former rights,. not only may not give up, and its right exercise benefit will not belong to oneself, what is this right? Actually this is due to the dual status of the different nature led to rights. As in the social market economy in the normal operation of the trustee, itself has double identity, a heavy as manager of the trust property of client entrust manage investments, under the premise of diligence exert good efforts to make property appreciation; Another heavy in civil activities as ordinary individual have civil subject identity, enjoy basic civil rights. This paper thinks, the trustee trust management authority as basically has the trust affairs, the recognition or request the court discretion to change the trust property management method right, enforce the trust property right to dissent. The trustee civil main body status mainly based on the rights enjoyed by the is obtained right to remuneration, compensation claims and property lien, resigned RenQuan. The trustee may give up as a civil subject owns rights, but can’t give up as the trust management authority’s enjoyment of the right, because these rights and beneficiary’s interests, the agent shall not be entitled to violations related beneficiary interests. The fourth part main contents of the trustee rights for the supervision. The trustee trust relationship with management in among the trust property as the main function, in a period of the trust relationship between the core part, the trustee a substantial amount of the trust property and use it to invest on economic order value, an increasing influence. Although social morality and personal reason from the start, the trustee should faithfully perform their obligations for beneficiary interests in interests service, but front vulnerable to temptation is human nature, therefore, right on the trustee trust relationship supervise and constitute the most important content. The supervision on the trustee of internal supervision can be divided into and outside supervising from internal supervision just as its name implies, the trust relationship within the subject of monitoring the supervision, it mainly for the tractor supervision, beneficiary supervision and the joint trustees supervision; The connotation of external supervision is more extensive, including government institutions supervision, industry supervision, social supervision by public opinion still involve foreign supervision, public international law supervision, etc. Just for external supervision, some scholars thought external supervision mainly is the trustee of court supervise trust obligations management, but in actual society life, active play to the court cannot control function, some scholars and put forward by the parties can trust relationship with the initiative to court proceedings ways to request the court to fulfill its oversight responsibilities, but this kind of supervision and lack of routine and continuity. Because of the trust relationship trustees in external supervision according to the trustee classification of different with different subjects and supervision ways, supervise all countries’legislation, not for a prescribed miscellaneous article mainly expounds the content, therefore, in this discussion in general only the trust for object on the trustee rights internal supervision.The fifth part is mainly to the our country the trustee rights mechanism defects and perfect. Such as Japan and South Korea, as mainland legal system country of the trust system for the transplant in our civil law system will inevitably impact, the heart of the problem lies in the trust system in the legal relation and trust property ownership problem, how to use our original civil law theory to explain is the legal system of the trust by key. Our trust legislation will trust property ownership with the fuzzy, leading to the beneficiaries of the fuzzy, influence right legal position clearly defining, more supervision and the trustee brings negative effect. Our country legal system should take "trust double ownership system" as institutional foundation, will the trustee and the beneficiary for legal ownership qualitative and benefit, so as to ensure that the ownership of the trust property beneficiary can obtain independence and real property relief and safeguard the interests of the beneficiary.