The Research On Trust Publicity System

The text of this paper is divided into three parts.The first part is about the legal basis for the trust publicity. First, this section explains the meaning and trust-related concepts, made a detailed analysis of the characteristics of the Trust legal relationship. Preliminary analysis of the rights and obligations of the trust between the three parties, and analyzes the nature of the beneficiary of the trust beneficial interest. Beneficiary of beneficial interest (that is qualitative of the common law "equitable ownership") has been one of the academic debates, there has been no conclusion, the main existence of property rights, claims, property rights claims coexist and special rights that other theories. These types of doctrine or mauling each other or learn from each other, but neither the common law system of "equitable ownership" of a convincing explanation, the main reason is that between the common law and civil law insurmountable ownership concept. Ownership in mainland France is the most comprehensive control over the matter, and equitable ownership of almost the disposal of the trust property, and its essence only is negative to prevent the misconduct of the trustee, in the localization process, we should not be too concerned about the context of "equitable ownership" of the surface, but should focus on its institutional functions, we need qualitative beneficial interest in the context of the civil law. On the basis of the interpretation of trust and related concepts, leads to the concept of trust known to the public. Second, this section focuses on the need to trust publicity that theoretical foundation trust publication. The principle of the independence of the trust property is the theoretical origin of trust known to the public trust property is independent of the trustor, trustee, beneficiary of any side of the property, mainly as follows:the prohibition of inheritance and liquidation of the trust property, to enforce prohibition, more than offsetting the prohibition confused with the prohibition of the limited liability constraint. Therefore, in order to maintain the security of transactions, to strengthen the protection of a third person, which requires the law to determine a clarity in the appearance of the "warning signs" for the establishment of the Trust-Trust publicity?the second part:The scope and methods of the trust publicity. This section analyzes the Trust publicized Property Publication of the relationship, and that the Trust publicity contains property announcement. Some scholars believe that the Trust publicity is publicity outside of the property changes, then the provisions set is sufficient to show that as the Trust’s Special publicity, trust publicity publicity including the change of ownership of trust property, including that this property is a public notice of the trust property, publicity of the Trust has a dual nature. And according to the the view of Shi Shangkuan, the transfer of registration of the trust property and trust registration are two different registration. For the relationship between the two, academia has yet to reach a consensus. Then, the article leads to the identity principle of trust property, because the principle of impact on trust publicity range. Then, this article lists the legislation of foreign countries on trust publicity. China’s "Trust Law" only for real estate and other property need to register with the registration provisions of the Trust registration of this kind of publicity, in addition, can not find other property, movable and other publication mode. Connotation of trust registration no way to grasp the trust registration, including the transfer of property rights registration, the legislation has not been clearly expressed. Therefore, by comparing the foreign legislation and practical experience, the legislative proposals to improve China’s Trust publicized the scope and the publicity.The third part is about the effectiveness of trust publicity. There are two kind of legislations in civil law countries, namely publicity antagonism and publicity of the entry into force Why are there two kinds of effect mode, either the existence of good or bad? Qualitatively from the trust contract on trust publicity of legislative choice and civil law on the public system on trust publicity the effectiveness of the selected two aspects of the effectiveness of these two modes to select, then a comparative analysis of publicity mode of entry into force of doctrine and publicity against the mode, the internal relations of trust and the trust of external relations, which have come to this conclusion:the former parties to provide more adequate publicity incentives However, in the case of the lack of publicity means, both in the third person the effect is not much difference, similar to the effect of property announcement. Focus on analyzing the scope of publicity antagonism. Then, the article cited a foreign trust the effectiveness of legislative publicity cases, mainly in Japan and Taiwan, for example, the former taken to the registration antagonism, the latter taken to the registration Effectiveness, and analyzed their respective legislative background and reasons. Finally, basing on the analysis above, the article leads China’s Trust publicity effectiveness of the standard legislative choice.