Comparative Study Of Trustee Responsibility

Trust is a kind of relationship about the specific property, the trustee enjoy legal ownership for the specific property and the interests of the beneficiary or for specific purposes to dispose of the property, the trust set up faith obligation to regulate the trustee to manage and dispose of a particular property. Britain’s famous jurists Maitland had said:"if someone asked about the British in the field of law what is the greatest and the most prominent contribution, there is no other, that is developed over the centuries the trust concept." Since modern times, the British trust system have spread rapidly throughout the world, can no longer be seen as merely the characteristics unique to the common law world. Especially in1985,admitted and recognition of trust of the Hague convention was signed, made the trust concept spread in the wider European Union countries, at present there are a lot of countries have joined the treaty. The development of trust system in China under the influence of Japan and other countries, more developed commercial trust system compared with the civil trust system. At present our domestic research is mainly focus on the trust system in countries such as Britain and America in the trust system, as well as the civil law countries of Japan, South Korea and Taiwan trust system in our country, rarely involved on the development of European Union countries commercial trust system。Study on European Union countries commercial trust system not only has passionate scholars, but also have full of expectations of the country, and even the news media have paid great attention to trust system, so in the European Union countries there are a large number of comparative literature on the development of commercial trust. This paper is based on refer to a large number of comparative law literature on commercial trust, on the basis of the relevant provisions on the trustee responsibility in our country, looking for the differences of trustee responsibility between the European Union countries and our country, Mount on the relevant provisions of the European Union countries to construct the framework of fiduciary responsibility in our country, put forward for the improvement of the system of trust and development contribution meager strength. This article mainly from the Angle of the comparative law, the first legal theory carries on the thorough analysis of the trustee responsibility, then through analyzing the trustee responsibility regulations in European Union countries, compare and reference, combined with our existing system, reasonable construction of the trustee system in our country. The author mainly from the following several aspects to study the trustee responsibility, for the construction of a fiduciary duty to our country put forward some constructive Suggestions.The first part, the trustee responsibility for legal analysis. First, to clear the legal status of the trustee, the trustee responsibility for legal analysis, including the trustee responsibility type, the nature of the fiduciary responsibility, the trustee responsibility relief and the liability of the trustee.The second part, first of all, set up a simple case of the trustee responsibility and set up two questions. Through several European Union countries related to the provisions of the trust law, determine the different answer two questions, and finally make a comparative analysis to European Union countries of fiduciary responsibility.The third part, A fiduciary duty to our country, mainly includes the vague legal status of the trustee, the trustee faith obligation is missing, the trustee responsibility and relief is missing.The fourth part,Through the first part and second part of the legal analysis of the trustee responsibility and European Union judicial practice related definition of fiduciary responsibility, combined with the fiduciaryresponsibilities of the relevant provisions of the present situation in our country, through comparative study, put forward my own views to our country about construction of trust system.