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Research On The Character Of Beneficial Right Of Trust

Posted on:2014-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:K JinFull Text:PDF
GTID:2256330401977972Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The beneficial right of trust, which is owned by the beneficiary is one of the mostimportant rights in the trust system. But for a long time, Chinese scholars do not agreeon the matter of nature of the rights of the trust.Some of them claimed that it was akind of right in rem, and some of them claims that it was a kind of right inpersonam.All the theories that they claims is not completely convincing. If thenature of the rights can not be determined, it cannot be done that the beneficiaryrights protection will be improved in the system of Chinese characteristics Trust trustof the beneficiary of the transfer circulation will also encounter obstacles, will not beable to promote in-depth development of the trust system in the financial sector. Atthe same time, the right of the trust as a special civil rights also need to be found inChina’s civil law system destination, adjust the ownership of property and the use ofthe Basic Law of the relationship as a civil law property law can only be the fate ofthe trust of the beneficiary and the whole system of civil trust. But the trust system,after all, is a product of an equitable system, It is based on the recognition of the "dualownership" in order to achieve the double effect of the transfer of property rights andproperty management. Pursued with the civil law system of property rights (PropertyClaims) and ownership "rights" doctrine seems out of place. On the other hand, wemust ponder the question: to examine the development trajectory of the Property LawProperty Law "on the ownership and use" The Legal System lagging seriously behindeconomic relationship complicated characteristics of the times, we found that by the historical method. Therefore, the theory of the Property Law lag and flaws, the rootcause of the trust system can not be effectively integrated into the. Throughinvestigation, we found that the property law system must be corrected in thepossession of the material system and the use of institutional reasonable definition ofthe boundaries of ownership and re-interpretation, really established all the systems ofthe matter, the possession use system. Transformation of property law, we can trustsystem into the civil law system.
Keywords/Search Tags:nature of the beneficial right of trust, real right law, usufructuary right, transplantation of law
PDF Full Text Request
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